The Industrial Facility’s Guide to Making TRI Exemptions Work—Without Cutting Corners

By Jordan Coulam, Environmental Specialist

TRI includes several exemptions that can reduce reporting burden — but only when applied correctly. The most commonly used are the de minimis exemption and the article exemption. Each exemption has strict conditions, and misinterpretation is a frequent source of reporting errors. Facilities that document their exemption decisions throughout the year are far better positioned to defend them during audits. Here is a quick introduction to TRI’s exemptions and how they’re applied.

Article exemption:

As defined in the TRI regulations, an article is “a manufactured item (1) which is formed to a specific shape or design during manufacture; (2) which has end use functions dependent in whole or in part upon its shape or design during end use; and (3) which does not release a toxic chemical under normal conditions of processing or use of that item at the facility or establishments.” (40 CFR 372.3). 

In other words, the article exemption applies to products whose shape or design is changed during manufacturing in a way that does not release toxic chemicals. When using this exemption, ensure that the process does not have the potential to release more than 0.5 pounds of a listed chemical during normal processing.

De minimis:

The de minimus exemption allows facilities to avoid reporting very small quantities of toxic chemicals. For most chemicals, the de minimis threshold is 1%, but it is 0.1% for carcinogens. Note that de minimis only applies to specific chemical categories and not to PBTs (such as lead or mercury). 

If using the de minimis exemption, be prepared with documentation that certifies the chemicals are below the threshold, especially for carcinogens. 

Specific forms and uses:

Some TRI chemicals are not reportable if they are in a form unrelated to the hazard. For example, non-friable asbestos is exempt because friable asbestos is the form linked to health hazards such as mesothelioma or asbestosis. If using this exemption, be careful with understanding the forms your potentially TRI-reportable chemical can take and the differences between them.

Chemicals used for specific purposes, such as toxic materials for motor vehicle maintenance, janitorial and landscaping products, and items used as a structural component of the facility are exempt.

For example, paving an access road to the facility would be an exempt activity. However, paving a road within the facility, that will be used during manufacturing or processing activities, would not be an exempt activity. Similarly, a cleaning product with a TRI listed chemical may be exempt under the janitorial exemption, but if that chemical is used elsewhere in the facility, those other uses will still count towards the threshold. Be sure to maintain clear documentation of how these items are used to ensure they are not related to facility production or manufacturing. 

Personal use:

Items brought to the facility for personal use by employees are exempted from TRI reporting. Examples include hygiene items, cosmetics, food and beverage, and medication. Certain supplies for cafeterias and on-site medical treatment are covered by this exemption. If items are used both by the facility and by individuals, then the products must be reported for TRI.

Laboratory use; 

If a qualified technician uses chemicals in a laboratory at a facility, those chemicals are not TRI-reportable unless the lab is a specialty

chemical production facility, or conducting a pilot scale operation. Ensure that your laboratory meets these requirements to qualify for the lab use exemption.

Still have questions about TRI exemptions, and how to apply and document them? The Toolkit team is happy to help.

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