TRI Toolkit Q&A

When determining the maximum amount on-site for Part II, Section 4 of the Form R, the facility only has to consider the reportable form of a chemical. Therefore, for aqueous ammonia, the facility should report 10% of the maximum amount of total aqueous ammonia on-site at any time during the calendar year. In addition, the facility must report 100% of the maximum amount of anhydrous ammonia in this section.

If a Form R is being submitted for 'part of a facility' (i.e., an establishment or group of establishments), the range code selected for the maximum amount of a toxic chemical on-site should be reflective of the establishment or group of establishments, and not of the entire facility.

Standard recordkeeping practices are essential for accurate and efficient TRI reporting. It is in the facility’s interest, as well as EPAs, to maintain records properly. Facilities must keep a copy of each report filed for at least three years from the date of submission. Facilities must also maintain documents, calculations, worksheets, and other information that they used to prepare prior reports. If there appears to be a problem with a facility’s report, EPA may ask the facility to submit its supporting documentation.EPA may conduct data quality reviews of facilities TRI submissions. An essential component of this process involves reviewing a facility’s records for accuracy and completeness. EPA recommends that facilities also keep records for those EPCRA section 313 chemicals for which they did not file EPCRA section 313 reports.

If a facility does not exceed an activity threshold for any listed toxic chemical, or is not in a covered NAICS code, or does not have ten or more full time employees, it is not required under EPCRA section 313 to maintain any records associated with its uses, releases, or other waste management activities involving listed toxic chemicals. Such facilities, however, may want to keep records of the amounts of listed toxic chemicals they manufacture, process, or otherwise use in order to defend against any claim that they failed to report.

Specific audit provisions are not in the EPCRA section 313 regulations. The Agency, however, has the responsibility to assure that the data submitted are based on reasonable estimates. Audit results will be used to identify problems with calculating releases and other waste management quantities. In resolving differences of opinion, we expect that a final judgment will be made by the Agency. Also note that EPA has finalized a self-audit policy (December 12, 1995; 60 FR 66706) for facilities who choose to conduct their own audits.

Insofar as 40 CFR Section 372.10 is concerned, some electronic data that has been scanned may be used to satisfy recordkeeping requirements. Facilities should employ adequate safeguards to prevent changes to the data after the data have been scanned and the documents stored electronically should capture all of the information required by 40 CFR Section 372.10. For example, this section of the regulations states, in part, that 'Each person subject to the reporting requirements . . . must retain the following records for a period of 3 years from the date of the submission of a report . . .[3][vi] receipts or manifests associated with the transfer of each toxic chemical in waste to off-site locations.' While the scanning and electronic storage of the entire receipt or manifest would satisfy the recordkeeping requirements of 40 CFR Section 372.10, the data entry of portions of the receipts or manifests into spreadsheets or databases might result in the loss, or erroneous entry, of pertinent information that is required by 40 CFR Section 372.10.

Section 325(c)(i) states: 'any person who violates any requirements of Section 313 shall be liable to the United States for a civil penalty in an account not to exceed $25,000 for each such violation,' for each day a violation continues. Therefore, the facility can be assessed a penalty for each Form R not submitted or submitted incorrectly, and the penalty can be assessed on a per day basis. EPA accesses penalties on a per toxic chemical per facility basis which may include per day penalties, depending on the circumstances of the violation. An Enforcement Response Policy (ERP) is available for EPCRA section 313 and it describes the types of violations and associated penalties (current version). Also note that the Department of Treasury recently increased the fines from $25,000 to $27,500 for violations occurring after January 30, 1997; (December 31, 1996; 61 FR 69360).

Critical errors, possible errors, and DQAs are all intended to show any errors that may exist on TRI forms. Preparers should carefully review all errors and DQAs prior to submitting any forms to EPA.Critical errors show information on a current year form that is incorrect or incomplete. Users must correct any forms that have a validation status of "Failed with Critical Errors" before they are allowed to submit the forms to EPA and their state.Possible errors are intended to highlight a potential problem on a current year form. Users should review and correct possible errors, if applicable. If users review the errors and determine that they are not applicable, they may proceed to submit the form. Users may submit forms to EPA with a possible error.DQAs inform facilities of possible reporting issues. DQAs are offered to assist facilities in ensuring accurate and consistent reporting by comparing the data that facilities report on current year forms to data they have reported on prior year forms. Users should review their chemical quantity data to ensure accuracy, but as with possible errors, users may submit forms to EPA with a data quality alert.A Validation report in PDF format is available to Certifying Officials under the Pending Submission page to verify whether to proceed to submit the form to EPA.For Reporting Year 2005 through the present reporting year, after any TRI form has been properly certified and data has been processed by EPA, an electronic Facility Data Profile (eFDP) report is generated in TRI-MEweb. The eFDP will provide a complete assessment of the form in the chemical error summary section.Please note that validation (i.e., critical errors, possible errors, and data quality alerts) will not be triggered in TRI-MEweb for Reporting Years 1991 - 2004, as forms prepared for those older years do not undergo the validation process in TRI-MEweb.

As soon as the errors are discovered, the facility should resubmit the form to the same address (i.e., the EPCRA Reporting Center). The box that says 'Enter ‘X’ here if this is a revision' (in the upper right-hand corner of Page 1) should be checked. The data elements that are different from the initial report should be made and circled in dark ink. The original, incorrect elements should be crossed out.

There is no negative declaration form available to facilities not covered by EPCRA section 313.

To be notified of receipt of submissions, facilities should send forms using the U.S. Postal Service 'Return Receipt Request' mail service. The Agency will not respond to cover letters requesting acknowledgment.

Preparers and certifying officials who submitted non-trade secret TRI forms can view their e-receipts by navigating to the “Submission History” tab in the TRI-MEweb application. In “Submission History,” users can view the chemical forms that were included in each submission and choose “Form Receipt” to view a specific e-receipt.

No. The request for the names cannot be made to the EPCRA Reporting Center. EPA purposely does not keep a record of individuals or organizations that make requests to the EPCRA Reporting Center. This protects the anonymity of the requestor.

Yes. EPA has permitted facilities that have filed a Form R under EPCRA section 313 to request that EPA withdraw the Form R data from EPA’s database (i.e., the Toxics Release Inventory System (TRIS)) and from the public version of the database.

Facilities that filed a TRI Form R or Form A Certification Statement may submit their requests to EPA to withdraw the data from EPA's database (i.e., the Toxics Release Inventory Processing System (TRIPS)) and public versions of the database (e.g., Envirofacts and TRI Explorer) for a form that was previously submitted. If EPA withdraws the submission, the chemical release record will be permanently deleted from the public databases and cannot be restored afterwards. Some specific types of form revisions require a withdrawal of the facility’s submission. For example, if a facility wishes to change the chemical name and CAS number of a previously certified report, they must first withdraw the submission that has the incorrect chemical name and then prepare a new report with the correct chemical name and CAS number associated with it. For only this type of revision, a withdrawal and subsequent revision of a chemical name and CAS number on a TRI form will result in the loss of the original submission date. In order to have a submission deleted from the TRI database, facilities must use TRI-MEweb to submit their withdrawal request to EPA and the appropriate state/tribal agency. To submit a TRI form withdrawal request, enter the “Form Submitted” section to select the form you would like to be withdrawn. You can also provide optional information for what prompted the withdrawal. All withdrawal requests need to be certified by the certifying official. TRI-MEweb will notify you that the form has been sent to CDX for processing. After a request for withdrawal has been submitted, an e-mail will be sent to both the certifying official and the preparer with instructions for certifying the pending submission. Additional information on how to withdraw TRI submissions, including a list of withdrawal codes, is provided in the Reporting Forms and Instructions. A tutorial on withdrawing submitted forms (“Form Review, Revise, or Withdraw”) is available at: https://www.epa.gov/system/files/documents/2025-01/tri-meweb-ry-2024-mini-tutorial-list-01-22-2025.pdf.

In order to have a submission deleted from the TRI database, facilities must use TRI-MEweb to submit their withdrawal request to EPA and the appropriate state/tribal agency. To submit a TRI form withdrawal request, enter the "Form Submitted" section to select the form you would like to be withdrawn. You can also provide optional information for what prompted the withdrawal. All withdrawal requests need to be certified by the certifying official. Additional information on how to withdraw TRI submissions, including a list of withdrawal codes, is provided in the Reporting Forms and Instructions. A tutorial on withdrawing submitted forms ("Form Review, Revise, or Withdraw") is available at: https://www.epa.gov/system/files/documents/2025-01/tri-meweb-ry-2024-mini-tutorial-list-01-22-2025.pdf.

If EPA approves the request, the data contained in the Form R, that is the subject of the request, is deleted from EPA’s database and from the public database when it is updated the next time. However, the Form R submission itself, the withdrawal request, and EPA’s approval are retained in a miscellaneous document file.

When EPA reviews a request to withdraw a Form R submitted under EPCRA section 313, the only information that the Agency considers, is the information contained in the withdrawal request and/or the Form R that was submitted.

In a few cases, EPA has contacted the submitter of the withdrawal request to clarify certain aspects of the information submitted on the Form R or on the request for withdrawal of the Form R.

No. For purposes of approving a withdrawal request, EPA has never attempted to verify the validity of a request for withdrawal by inspecting the facility or auditing the information filed with the Form R or withdrawal request. Therefore, when EPA approves a withdrawal request EPA is merely granting the request on the basis of the representations and information provided by the submitter in its request and, in some cases, on its Form R.

No. EPA’s approval of a withdrawal request does not communicate an Agency determination that the submitter was not required to file the Form R that is the subject of the withdrawal request. EPA’s approval merely grants the request. An inspector would need to visit the facility and review the facility's records for EPA to determine that a Form R, in fact, did not need to be filed. However, as noted above, for purposes of approving a withdrawal request, EPA has never attempted to verify the validity of a withdrawal request through inspections or audits.

A request for a withdrawal submitted in TRI-MEweb is automatically submitted to the state/tribe if the facility’s state/tribe is participating in the TRI Data Exchange (TDX). A user in a non-TDX state or tribe must prepare a separate request for withdrawal, and TRI-MEweb can help the user create the request form to the state/tribe. A current list of states and tribes participating in TDX is available here: https://www.epa.gov/toxics-release-inventory-tri-program/tri-data-exchange.

The facility is not required to withdraw the report. A facility may request to withdraw a form submitted unnecessarily (i.e., a legitimate case of over reporting). Since the facility over-reported as a result of a threshold determination error, it should thoroughly document the mistake in its recordkeeping for that Form R. No documentation, in addition to the withdrawal request, need be sent to the state or EPA at this time.

The facility should submit a withdrawal request through TRI-MEweb. EPA will take action on the request based on the information provided by the facility. If EPA approves the withdrawal request, the data will be removed from the EPA database, TRIS. The facility will be notified whether the request is approved or not. The request should also be copied and sent to the state /Indian Country for their information.

Voluntary revisions (as opposed to revisions required to correct errors that prohibit further Form R/Form A processing) must be submitted to the EPCRA Reporting Center and the appropriate state agency. EPA requires covered facilities to submit all revisions using TRI-MEweb, even if the original submission was on hard copy. Standard revisions (i.e., revising a Form R with another Form R, or revising a Form A with another Form A) may be completed through TRI-MEweb. See the mini-tutorials webpage for more information on revising submitted TRI forms: https://www.epa.gov/system/files/documents/2025-01/tri-meweb-ry-2024-mini-tutorial-list-01-22-2025.pdf.

The facility must revise its threshold determinations and release and other waste management calculations back to the beginning of the year, if the facility receives information that they believe is more accurate in depicting amounts of toxic chemicals that they manage. Covered facilities are required to use their best readily available information as provided by EPCRA section 313(g)(2). If facilities obtain information that they believe is better than the information that they applied for previous report submissions, the facility may submit a revision for prior periods provided that they document the basis for the revision.

A Form R submitted after a Form A for the same chemical and reporting year is considered to be a late submission of a Form R and a request for a withdrawal of the previously filed Form A. A Form A submitted to replace a previously filed Form R is treated as both a withdrawal request and a replacement for the original Form R, and is subject to EPA review and approval. See the TRI-MEweb mini-tutorials webpage for more information on withdrawing submitted TRI forms: https://www.epa.gov/system/files/documents/2025-01/tri-meweb-ry-2024-mini-tutorial-list-01-22-2025.pdf.

No. Facilities may use the Form A beginning with the 1995 reporting year. Facilities may not use this form for prior years.

For step-by-step instructions on how to revise forms in TRI-MEweb, please view the “Form Review, Revise, Withdraw” tutorial on TRI’s website at: https://www.epa.gov/system/files/documents/2025-01/tri-meweb-ry-2024-mini-tutorial-list-01-22-2025.pdf. EPA no longer accepts hard copy revisions of TRI Form R and Form A Certification Statements. Any revisions of TRI reporting forms should also be submitted to the state, tribe, or territory that received the initial TRI report.

A TRI-covered facility that submitted a Form A for a given reporting year but later determines that it should have submitted a Form R must withdraw its Form A and submit a Form R for that reporting year as soon as possible. In this case, the withdrawal of the Form A and subsequent submission of a Form R will result in the loss of the original submission date of the Form A. If the Form R is submitted after the deadline for the applicable reporting year, then the Form R is considered a late submission.Additionally, the facility may wish to consult the Environmental Protection Agency’s (EPA) Audit Policy, a policy offering incentives to promote self-disclosure and expeditious correction of violations, to see whether it is applicable to the facility’s situation. Information on the Audit Policy and EPA Audit Policy Contacts is accessible at: https://www.epa.gov/compliance/epas-audit-policy. The TRI Regional Coordinator for your facility should also be able to assist you should you have any questions on TRI reporting or the Audit Policy.

There is no deadline for withdrawals and revisions. Each year, EPA typically begins publicly posting the TRI data near the end of July for submissions due July 1. Revisions and withdrawals should be submitted as soon as possible to ensure any potential data quality items are resolved and the facility’s desired data are reflected in the public database as soon as possible. Additionally, withdrawals and revisions submitted after September might not be reflected in the calendar year’s upcoming National Analysis dataset. Facilities are reminded that there is a legal obligation to file an accurate and complete TRI reporting form for each chemical by July 1 each year. EPA may take enforcement action and assess civil administrative penalties regarding corrections to errors in Form R reports that are not changes based on previously unavailable information or procedures which improve the accuracy of the data initially reported.

To verify the status of a submission in TRI-MEweb, navigate to the "Submission History" tab. The “Submission Summary” page will display only the forms which have been certified and submitted to EPA. Select “View Reports” to access your Copy of Record of your Form R or Form A Certification Statement.

EPA allows for voluntary reporting under EPCRA section 313 if a facility does not meet all three threshold criteria but would still like to submit a TRI report. TRI-MEweb will allow a facility to submit a TRI form even if it does not meet the thresholds as the application does not require information from the preparer on the threshold calculations for the facility.

A supplier must notify each customer of any toxic chemical present in a mixture or trade name product with at least the first shipment of the mixture or trade name product in each reporting year (40 CFR Section 372.45(c)(1)).

Yes. If you are in a NAICS code corresponding to SIC codes 20 through 39 and you distribute these products to other facilities in TRI-covered NAICS codes, you are subject to the supplier notification requirements. Articles and consumer products are exempt from supplier notification. However, if the supplier has knowledge that articles are distributed to customers whose use will negate the article exemption, he/she should provide notification of toxic chemicals present in the articles. Note that the de minimis exemption is unavailable for purposes of supplier notification requirements to downstream facilities for all chemicals on the list of chemicals of special concern. Thus, supplier notification is required for chemicals designated as chemicals of special concern regardless of their concentration level.

The plastic wrap containing DEHP is not exempt as an article because quantities of DEHP are released during the cutting process. If a facility releases 0.5 pounds or less of DEHP during the reporting year from all like items, this amount can be rounded to zero and therefore would be exempt. If the facility can reasonably document that none of its customers are likely to release more than 0.5 pounds, no supplier notification is required.

Supplier notification is required for chemicals designated as chemicals of special concern regardless of their concentration level (i.e., the de minimis exemption is unavailable for purposes of supplier notification requirements to downstream facilities for all chemicals on the list of chemicals of special concern). For TRI-listed chemicals that are not designated as chemicals of special concern, supplier notification is not required when the TRI-chemical is present below the applicable de minimis level (40 CFR Section 372.45(d)(1)).

A company in a NAICS code that corresponds to SIC codes 20 through 39 is responsible for providing supplier notification to all facilities in covered NAICS codes, and to customers who, in turn, may sell or distribute to facilities in a covered NAICS code. Such a customer may be a wholesale distributor who is not in a covered NAICS code but sells to other facilities in a covered NAICS code. Facilities in a covered NAICS code but not in one corresponding to SIC codes 20 through 39, however, are not required to initiate supplier notification (40 CFR Section 372.45(a)).

When the second criterion says a toxic chemical, it is referring to the toxic chemical in the mixture that is being distributed from the facility. Therefore, a facility owner/operator would not be responsible for preparing a supplier notification for a mixture that contains a toxic chemical that he/she did not manufacture or process. The requirement for developing a supplier notification for a mixture is ultimately the responsibility of the facility which processed or manufactured the toxic chemical in the mixture. The facility that is redistributing the toxic chemical is not repackaging it and thus is not processing it.

Mixtures are not exempt from supplier notification unless the amount of the TRI-listed chemical in the mixture is below de minimis levels and is not designated as a chemical of special concern. A mixture is defined as a combination of two or more chemicals if the chemicals are not part of a waste stream and they were not combined as a result of a chemical reaction. However, if this combination was formed by a chemical reaction but could have been formed without one, it is also considered a mixture. Any other combination formed by a chemical reaction is not considered a mixture. If a toxic chemical is present in a mixture at a concentration below the de minimis level and the chemical is not designated as a chemical of special concern, this quantity of the substance is exempt from Section 313 supplier notification requirements. However, supplier notification is required for chemicals designated as chemicals of special concern regardless of their concentration level in a mixture.

Supplier notification would be required for mixtures of water and an acid as with any other mixture, regardless of the name it is distributed under if the concentration of the Section 313 chemical in the mixture is greater than the de minimis level (40 CFR Section 372.45). Note that the de minimis exemption is unavailable for purposes of supplier notification requirements to downstream facilities for all chemicals on the list of chemicals of special concern. Thus, supplier notification is required for chemicals designated as chemicals of special concern regardless of their concentration level.

The word 'toxic' does not have to appear in the statement to fulfill the requirement of 40 CFR Section 372.45(b)(1). However, the statement should clearly state that the toxic chemical is subject to EPCRA section 313.

Sales samples are covered unless they meet one of the stated exemptions in 40 CFR Section 372.45(d) of the regulation, such as articles or products distributed to the general public.

No. The exemption does not apply because the paint is not packaged for distribution to the general public (40 CFR Section 372.45(d)(2)(iii)).

The manufacturer would not be required to include supplier notification with the shipment of the 16-ounce boxes of detergent sent to any of these facilities.For the product to be exempt from supplier notification under 40 CFR Section 372.45(d)(2)(iii), it must be packaged for distribution to the general public. This detergent is being distributed to covered facilities in the same form that it is packaged for distribution to the general public (i.e., the 16-ounce box). Therefore, no supplier notification is required. If the same detergent was sold to manufacturing facilities in drums or other 'industrial quantity' packages, then supplier notification would be required, regardless of the end use at the facility.

Distributors outside the NAICS codes covered under 40 CFR Section 372.45 who do not manufacture or process toxic chemicals are not required to prepare notices that the mixture or trade name products which they distribute contain a toxic chemical. They should, however, pass along such notices prepared by their supplier to any facility in a covered NAICS code who purchases a mixture or trade name product containing a toxic chemical.

No, if the secondary supplier does not receive the information, he/she cannot develop a notice (see 40 CFR Section 372.45(g)).

A manufacturer is required, and a supplier should include, the Section 313 statement in their SDS if one or more of the chemicals in the mixture or trade name product are listed Section 313 toxic chemicals (40 CFR Section 372.45(c)(5)). The facility is not required to make a 'negative declaration' that none of the components in the mixture are subject to Section 313. A manufacturer or supplier may, however, provide this statement on his/her own initiative.

Supplier notification is not required because isopropyl alcohol and saccharin have a manufacturing qualifier. Facilities that only process or otherwise use either of these TRI chemicals are not required to file TRI reports (40 CFR Section 372.65). Therefore, manufacturers of these chemicals do not need to notify their customers that these are reportable TRI chemicals.

The facility should use the best readily available information. The manufacturer of the mixture must send the supplier notification to the middle man distributor if he/she has a reasonable basis to conclude that the distributor provides the product to covered facilities. Such a conclusion could be based on the nature of the product and its intended market.

A facility must use the best readily available information in making threshold determinations and release and other waste management calculations. If the facility has an indication that information provided by the supplier is unreasonable, they should look to other sources of information that they believe are more representative of any listed toxic chemicals and their concentrations contained in mixtures or trade name products received from their suppliers. Facilities must document assumptions and calculations used in making threshold determinations and release and other waste management calculations.

Yes, supplier notification is required in both instances. The intent is to provide a notification that will be passed on by the non-covered distributor. That distributor may be transshipping, re-labeling or even repackaging, but because they are not in the covered NAICS codes, they are not required to develop and distribute such notice. They are encouraged to pass the notice through to their customers.

Yes. The language of the regulations covers material that it 'sells or otherwise distributes.' In this sense, the 'otherwise distributes' language would apply to intra-company transfers. However, if the company has developed an internal communications procedure that alerts their other facilities to the presence and content of toxic chemicals in their products, then the Agency would accept this as satisfying the supplier notification requirement.

No. The requirement states that the notice must accompany at least the first shipment during the year to a customer. If the SDS does not accompany that shipment, then the supplier notification must still be sent in the package. The SDS, however, also must incorporate or have attached to it the supplier notification information.

The repackaging facility must provide supplier notification to its customers only if it is in a NAICS code corresponding to SIC codes 20 through 39. If the only information the facility knows is from the SDS, all it can do is provide this same information to its customers. If the facility knows the product contents or concentrations are different from what appears on the supplier's notice, the facility must provide the more accurate information to its customers. EPA suggests, but does not require, that the repackager inform the supplier of the inaccuracy in their SDS.If the facility is not in a NAICS code corresponding to SIC codes 20 through 39, but instead, is a covered facility in a newly added industry beginning in 1998, it would not be required to initiate supplier notification. It should, however, pass along such notices prepared by their supplier to any facility in a covered NAICS code who purchases a mixture or trade name product containing a toxic chemical.

If a trade name or generic name is provided and if the presence of a Section 313 toxic chemical is known, then that can be reported in Part II, Section 2 of the Form R. Suppliers are required to provide the identity of the listed toxic chemical (CAS number and toxic chemical name) and concentration in mixtures. The manufacturer may claim the information trade secret, but must provide a name that is descriptive of the toxic chemical, provide at least an upper bound concentration in the mixture, and indicate that the mixture contains a toxic chemical (40 CFR Section 372.45(e))

If you wish, you may provide them with the CAS numbers for all of the toxic chemicals in your mixtures, but under Section 313 you are only required to provide information on the listed toxic chemicals (i.e., those toxic chemicals and chemical categories subject to reporting under Section 313).

No. The company must use the best readily available information, but the EPCRA regulations do not require them to contact the supplier. If, however, the company does voluntarily contact the supplier and the supplier provides more detailed information, then that becomes the best readily available information and the facility must use it.

Inclusion of Section 313 supplier notification information on the product label will satisfy the notification requirements. However, the regulations state that if the products are required to have an SDS then the supplier notification must be included with the SDS for those non-consumer products. The SDS, however, does not have to be distributed as the primary vehicle of notification.

The facility may use a number of other mechanisms such as a letter, a label, or a written notice within whatever shipping papers accompany the shipment.

The supplier notification is to be part of the SDS if the product is required to have an SDS. If an SDS is not required for the product, the notice must be in writing. Thus, in subsequent years, the supplier should submit the notification in writing.

Once customers have been supplied with the SDS containing the Section 313 information, then it would be acceptable for a facility to refer to the SDS by letter in subsequent years, provided the customer has the most current version of the SDS. The letter must accompany the first shipment of the mixture or trade name product for the year. Also, the supplier notification regulations require that a new notification be provided when the presence or composition of a listed toxic chemical in the product changes (40 CFR Section 372.45(c)).

If the pesticides products are distributed for use by the general public, supplier notification is not required (40 CFR Section 372.45(d)(2)(iii)).

If a mixture contains a toxic chemical compound (e.g., 12 percent zinc oxide) that is a member of a reportable chemical category (e.g., zinc compounds), the supplier is required to notify his/her customers that the mixture contains a zinc compound at 12 percent by weight. Supplying only the weight percent of the parent metal (zinc) does not fulfill the requirement, but may be provided to aid receiving facilities in estimating releases and other waste management. The customer must be told the weight percent of the entire compound for threshold determinations.

A manufacturer is not required to provide supplier notification for a pure toxic chemical (i.e., a product labeled with the listed Section 313 chemical or identified by CAS number). The identity of the toxic chemical will be known based on label information and CAS numbers as long as a trade name is not used. Supplier notification applies to mixtures and trade name products (40 CFR Section 372.45(a)).

No. Supplier notification is not required for pure substances labeled as the toxic chemical (see 40 CFR Section 372.45(a)). If a substance is labeled as a toxic chemical and no concentration is given, then the processor (supplier) and the recipient of the toxic chemical should consider it to have a concentration of 100 percent.

A lower bound is not acceptable. A range that includes the upper bound concentration is acceptable (40 CFR Section 372.45(f)). An upper bound was chosen so the user would not underestimate the quantity for purposes of threshold and release determinations and other waste management calculations.

No. Foreign suppliers are not required to comply with supplier notification. However, under the Toxic Substance Control Act (TSCA), an importer must certify that the chemicals in the imported mixture, as well as pure substances, meet the TSCA requirements. Therefore, the importer should have requested content and composition data on imported mixtures.

No. The supplier notification requirement only applies to mixtures and trade name products that are supplied or distributed. The only toxic chemicals being transferred are in the form of waste, and notification does not apply to wastes (40 CFR Section 372.45(a)).

No. EPA has determined as a matter of policy that the phrase 'or establishment' does not extend coverage of the supplier notification provisions beyond that of a facility as defined by 40 CFR Section 372.22(b)(3) of the regulations. Therefore, in the case of a multi-establishment facility not subject to the regulations, an establishment in a covered NAICS code within that facility would not be required to provide Section 313 supplier notification. However, the Agency encourages such an establishment to comply voluntarily so that its customers will have the information necessary to make proper compliance determinations under the Section 313 rules. The 'or establishment' language provides an option similar to that available to establishments that submit reports as a part of a covered facility. For example, if only one establishment in a covered facility is actually distributing a product containing a toxic chemical then that establishment may assume the supplier notification responsibility for that facility.

The owner/operator may be responsible. The requirement for developing supplier notification for a mixture or trade name product containing a listed toxic chemical is the responsibility of the facility in a NAICS code corresponding to SIC codes 20 through 39 that manufactures or processes a Section 313 toxic chemical and sells or otherwise distributes a mixture or trade name product containing that toxic chemical.

No. A manufacturing facility in a NAICS code corresponding to SIC codes 20 through 39 is required to prepare and distribute supplier notification if it '...manufactures (including imports) or processes a toxic chemical...' and ... 'sells or otherwise distributes a mixture or trade name product containing the toxic chemical...' to a facility that is required to file Form Rs or to a person who may sell or otherwise distribute such mixture or trade name product to a covered facility (40 CFR Section 372.45(a)(2) and (3)). In the above example, the manufacturing facility does not manufacture, import, or process nitric acid (it only otherwise uses nitric acid) and so it is not required to develop supplier notification for the nitric acid it sells. However, if a supplier notification is provided with Trade Name X nitric acid solution, the manufacturing facility is encouraged to pass this information along to its customers. (Note: if a supplier notification is incorporated in or attached to the SDS received by the manufacturing facility with the Trade Name X nitric acid solution it buys, '...any copying and redistribution of the SDS shall include copying and redistribution of the notice attached to copies of the SDS subsequently redistributed.' (40 CFR Section 372.45(c)(5))

If the manufacturer knows that normal processing or otherwise use of the item by recipients would not negate its article status, no notification is necessary. If, however, the manufacturer believes the recipient may use an item in such a way that negates its article status, the manufacturer must provide a notification to that recipient.

No, if the metal parts can be considered articles. In that case, the manufacturing company is not considered to be a supplier to the electroplater and does not need to meet the requirements for supplier notification.

A paper product can generally be considered an article. Supplier notification would be required only if the release of a toxic chemical occurred upon further processing or otherwise use by a covered manufacturing facility of those products. This release would negate the article status of the product.

No. These manufacturers are still required to provide the supplier notification.

Yes, the product is exempt from supplier notification because it is being packaged for sale to the public (40 CFR Section 372.45(d)(2)(iii)). Even if the product were being used commercially by Company B, no supplier notification would be required because Company B is not in the covered NAICS codes.

As long as the corporate headquarters can guarantee that the receiving facility will obtain the notification by the first shipment in the reporting year, the manufacturing facility is fulfilling its supplier notification requirement by sending the notification to the corporate headquarters as requested.

The compounds are included in the manganese compound category. Therefore, the facility must add together the weight percent of all manganese compounds when making de minimis and threshold determinations. Since the percent of manganese compounds exceeds the de minimis level, the facility would have to fulfill the supplier notification requirements for this mixture (note that manganese compounds are not designated as chemicals of special concern and thus the de minimis exemption is available for use if applicable – the de minimis exemption is not available for chemicals of special concern).

No. Every time a concentration of a toxic chemical in a mixture changes, the supplier must provide an updated notification with the new concentration. Therefore, this facility cannot provide a concentration range value in order to fulfill the notification requirement. Instead, the facility must provide a new notification with each product that has a different concentration of the toxic chemical.

The Agency does not specify any margin of error or degree of precision in the percentage figures for the notice.

No. This facility's antimony compounds are not specifically listed in the Section 313 toxic chemicals list. However, they do fall into the antimony compounds category. Since the name of the toxic chemical is not listed, the facility does not need to provide the chemical name to fulfill the supplier notification requirement. This facility needs to identify that the products contain an antimony compound subject to Section 313, the concentration of the compound in the mixture, and the stoichiometric amount of antimony in the compound.

No. The trade secret conditions in the supplier notification provisions of the regulations apply to state law, not to EPCRA Section 322 (40 CFR Section 372.45(f)). Facilities are, however, required to keep a record of the reasons for considering specific chemical identity or composition a trade secret.

As stated in 40 CFR Section 372.45(c)(l), the supplier is only required to notify recipients if the mixture or trade name product contains a listed toxic chemical. The supplier is not responsible for providing modified notice as an immediate result of the Agency’s delisting activity. If the mixture contains other Section 313 toxic chemicals, then the supplier would simply delete the delisted chemical from the next year's notification.

For a chemical added on or after January 1 and before December 1 of any reporting year, supplier notifications are to be provided with the first shipment of the chemical in the following reporting year and every year thereafter. For example, a chemical added on April l, 1998, requires a notification beginning with the first shipment of the chemical in the 1999 reporting year.For a chemical added on or after December 1 of any reporting year and before January l of the next reporting year, supplier notifications are to be provided with the first shipment of the chemical in the year following the next reporting year and every year thereafter. For example, a chemical added on December 10, 1998, requires a notification beginning with the first shipment of the chemical in the 2000 reporting year.

Yes. Note that the regulations require that supplier notification be made to each customer by 'at least the first shipment' (40 CFR Section 372.45(c)(2)), so the timing of the mass mailing is important. Also, the notification must be included with the SDS if one is required for the product. The supplier also must be cautious of formulation changes that could occur between the mass mailing and the actual first shipment.

Section 313 allows only the specific identity of a toxic chemical to be claimed as a trade secret. The rest of the Form R must be completed. This information is accessible to the public, including information on releases and other waste management of the toxic chemical. For trade secrecy claims, two versions of the Form R (one identifying the toxic chemical, the other containing only a generic chemical identity) and two versions of a trade secret substantiation form (July 28, 1988; 53 FR 28772) must be completed and sent to EPA.

In general, disclosure of information claimed as trade secret to a federal, state or local government officer or employee, or to the reporter's own employee, would not negate the claim of trade secrecy. However, disclosure of a toxic chemical identity to any other person without a confidentiality agreement would negate the toxic chemical identity's trade secret status under federal provisions. Where a trade secret claim is made, state governors are permitted to request that EPA provide access to all materials relating to this claim. The decision to provide information to any state employee is left to the governor's discretion.

Yes. Because the company has not entered into a tangible confidentiality agreement with the foreign government, it must report the disclosure on the Trade Secret Substantiation Form. In other words, it should check 'yes' when answering question 3.2 on the form. However, because the foreign government's laws guarantee confidentiality of the TRI chemical's identity and usage, regardless of the existence of a confidentiality agreement, the identity of the chemical is protected. The company should explain this when answering question 3.1 on the form.

EPA has developed the TRI Threshold Screening Tool to assist facilities in making applicability determinations. The Threshold Screening Tool uses a step-by-step questionnaire to assist facilities in determining whether they meet or exceed established facility, employee, and activity thresholds, and thus, whether they are required to submit a TRI report.As a reference tool, the TRI Threshold Screening Tool is only intended to help facilities determine whether they are required to report TRI data. It does not conclusively determine whether a facility is legally obligated to report TRI data, nor does it conclusively indicate whether an exemption might apply to the facility. Information entered into the TRI Threshold Screening Tool will not be pre-populated into forms that may be required for submission via TRI-MEweb. For this reason, it is suggested that users print out the Threshold Screening Report on the Summary Threshold Screening page in the tool for reference when completing their TRI forms.The Threshold Screening Tool is available at the following URL:https://www.epa.gov/toxics-release-inventory-tri-program/tri-threshold-screening-tool.

EPA has created several trainings that owners or operators of facilities can utilize to gain a basic understanding of TRI applicability and reporting requirements. The basic concepts course will assist an owner or operator in determining whether the facility is covered by EPCRA section 313, and, if it is, for which chemicals the facility must submit a TRI report. The advanced concepts course covers complex issues related to threshold determinations, TRI reporting, and exemptions; reporting for chemicals of special concern; and information on chemicals with special TRI reporting considerations (e.g., hydrochloric and sulfuric acid aerosols, ammonia, or metal compounds). These training resources are available as online modules, PowerPoint slides, or PDF slides. Training materials and additional information are available at the following URL:https://www.epa.gov/toxics-release-inventory-tri-program/reporting-tri-facilities. Owners and operators may also contact their respective state, tribe, or EPA regional TRI contact to determine whether there are additional local training resources. State, tribal, and regional contacts are available at the following URL: https://www.epa.gov/toxics-release-inventory-tri-program/forms/tri-program-contacts.

Users may request assistance from the TRI Information Call Center to request assistance to report mixtures or chemicals with trade secret data, completing TRI forms, or other general information about TRI reporting thresholds and requirements. These regulatory and reporting issues can be resolved if you can contact the TRI Information Call Center (800) 424-9346 - Toll Free. Normal operating hours are 10 am to 5 pm EST Monday through Friday.

TRI provides the public with unprecedented access to information about toxic chemical releases and other waste management activities on a local, state, regional, and national level. TRI data help the public, government officials, and industry in the following ways: - to identify potential concerns and gain a better understanding of potential risks; - to identify priorities and opportunities to work with industry and government to reduce toxic chemical disposal or other releases and potential risks associated with them; and - to establish reduction targets and measure progress toward those targets. TRI data are widely used across EPA programs. For example, the National Partnership for Environmental Priorities, an element of the Resource Conservation Challenge (RCC), uses TRI data to identify facilities that may present pollution prevention opportunities. EPA also uses TRI data in the Risk Screening Environmental Indicator (RSEI) tool, which provides users with additional understanding of chronic human health issues and potential exposures associated with TRI chemicals. Other EPA programs and tools that use TRI data may be searched by visiting EPA’s Web site at at: https://www.epa.gov.

Users of TRI data should be aware that TRI data reflect disposal or other releases and other waste management of chemicals, not whether (or to what degree) the public has been exposed to them. Both the toxicity of a chemical and exposure considerations should be taken into account when using the data. - TRI chemicals vary widely in toxicity and in their capacity to produce toxic effects. Some high-volume releases of less toxic chemicals may appear to be more serious than lower-volume releases of highly toxic chemicals, when just the opposite may be true. - The potential for exposure may be greater the longer the chemical remains unchanged in the environment. Sunlight, heat, or microorganisms may or may not decompose the chemical. Smaller releases of a persistent, highly toxic chemical may create a more serious problem than larger releases of a chemical that is rapidly converted to a less toxic form. For more detailed information on this subject refer to "Factors to Consider When Using TRI Data".

The Toxics Release Inventory (TRI) Program conducts a number of activities every year to ensure the high quality of TRI data reported to EPA. These activities include providing extensive reporting guidance, intelligent reporting software, and training to facilities prior to the reporting deadline, as well as conducting data validation checks and analyses after the data are received. For more information on the TRI Program's Data Quality Program, go to https://www.epa.gov/toxics-release-inventory-tri-program/tri-data-quality.

The TRI Explorer is a database tool that provides access to the Toxics Release Inventory (TRI) to help communities identify facilities and chemical releases or other waste management activities that warrant further study and analysis. Combined with hazard and exposure information, the TRI Explorer can be a valuable tool for identifying potential chemical hazards in communities.

Envirofacts provides an easy point of Internet access to select U.S. EPA environmental data. This Web site provides access to several EPA databases that contain information about environmental activities that may affect air, water, and land anywhere in the United States. With Envirofacts, users can learn more about these environmental activities in their area or generate maps of environmental information.Information in Envirofacts is accessible in a variety of ways from the TRI homepage. We suggest that users unfamiliar with Envirofacts begin with Quick Start. This feature allows the user to retrieve a sampling of information pertaining to an area by entering a specific zip code, city and state, or county and state. If users want more in-depth information about a particular subject area, they may select from a list of available topics, which includes waste, water, toxics, air, radiation, land, other, and by facility. Experienced users, however, may be interested in the Advanced Capabilities option. This option allows users to go directly to the Queries, Maps, or Reports feature that interests them.

TRI Explorer allows users to create custom data searches of TRI data. These searches can then be exported to a Microsoft Excel spreadsheet. Users can find TRI data for their zip code, county, and state. National-level data are also easily queried through TRI Explorer.With Envirofacts, users can determine which facilities in designated areas have reported releases of TRI chemicals, including air emissions, surface water discharges, releases to land, underground injections, and transfers to off-site locations. Envirofacts allows the user to query and view all fields for each TRI Form R submitted by a facility.

Over the years, EPA has been mindful of the reporting burden that the TRI Program imposes on covered facilities and has sought to reduce that burden through modifications to the reporting forms. In 1994, EPA introduced an alternate reporting form, "Form A," to streamline reporting for smaller releases. In July 2005, a rule was finalized that revised the TRI reporting forms by eliminating unnecessary information, simplifying reporting codes, and no longer requiring facilities to submit locational data, which are already available from EPA's Facility Registry System (FRS). EPA also released TRI-MEweb, a web-based version of the TRI-ME reporting software. EPA will continue to examine ways to reduce the TRI reporting burden while maintaining the TRI Program's commitment to providing information on toxic chemical releases to the public.

EPA's Toxics Release Inventory (TRI) is one of several similar programs established, or being established, by countries around the world. The term used internationally for these TRI-like systems is Pollutant Release and Transfer Register (PRTR). The United States works with other countries and international organizations to facilitate PRTR development. More information on pollutant transfer registries outside the United States can be found at: https://www.epa.gov/toxics-release-inventory-tri-program/tri-around-world.