tri-form-r

# Toxic Release Inventory (Form R) Report

Drafts a certifiable Form R for EPA submission covering toxic chemical releases, waste management, and pollution prevention for a reporting year.

## Prerequisites

1. **Facility records** — legal name, address, TRI Facility ID, RCRA ID, NPDES permits, SIC/NAICS codes, parent company D&B number
2. **Chemical inventory** — purchase records, production logs, CAS numbers for all listed toxic chemicals manufactured, processed, or otherwise used
3. **Release/emission data** — CEMS data, stack tests, discharge monitoring reports, waste manifests, emission factor calculations
4. **Prior TRI submissions** — for consistency and trend analysis
5. **Pollution prevention records** — process modifications, material substitutions, recycling data

## Quick Start

1. Gather facility records and chemical inventory data
2. Determine threshold status for each chemical (Part 2)
3. Quantify releases across all media (Part 3)
4. Document off-site transfers and verify material balance (Part 4)
5. Report source reduction activities (Part 5)
6. Route for certification and submit via TRI-MEweb by July 1

## Report Structure

### Part 1: Facility Identification

| Field | Requirements |
|---|---|
| Facility name | Exact legal name as registered with EPA |
| Address | Physical operational address (no PO boxes) |
| Parent company | Legal name + D&B number |
| SIC/NAICS codes | Primary code by revenue/production volume — determines reporting obligation |
| Owner/Operator | Names, titles, phone, email for highest-ranking officials |
| Facility IDs | TRI ID, RCRA ID, NPDES permit, air permit numbers |
| Federal facility | Yes/No — triggers special procedures |

Flag ownership, operational control, or classification changes since prior year with narrative explanation.

### Part 2: Chemical Identification & Threshold Determination

For each chemical, document the exact EPA Section 313 list name, CAS number, and activity determination:

| Activity | Definition | Threshold |
|---|---|---|
| Manufacture | Produce, prepare, import, or produce as byproduct | 25,000 lbs/yr |
| Process | Prepare after manufacture for distribution in commerce | 25,000 lbs/yr |
| Otherwise use | Any use not manufacturing/processing | 10,000 lbs/yr |

**Estimation methods** (in order of preference): actual measurements, mass balance, engineering estimates, published emission factors.

**Exemptions to evaluate:**

| Exemption | Criteria |
|---|---|
| De minimis | <1% concentration (carcinogens: <0.1%) in mixtures |
| Article | Formed to specific shape; no release under normal conditions |
| Laboratory | Routine analytical/QC operations only |

For chemical categories: aggregate each member compound with CAS number, quantities by activity, and category total.

### Part 3: Environmental Releases

Quantify all releases by medium. Assign EPA range codes (1 = high confidence; higher = more uncertainty).

**Air emissions:**
- Stack/point source vs. fugitive/non-point — separate routine from upset releases
- Data hierarchy: CEMS > stack tests > mass balance > AP-42 factors > engineering judgment

**Water releases:**
- Direct discharge — include NPDES permit number, reconcile with monitoring reports
- POTW transfers — report separately with POTW name/location and pretreatment data

**Land disposal:**
- Distinguish on-site landfill, land treatment, surface impoundment, other
- Report RCRA status (Subtitle C vs. D) per disposal unit

**Underground injection:**
- Classify by SDWA well class (I or V) with location and injected quantity

Provide narrative for significant year-to-year changes in any medium.

### Part 4: Off-Site Transfers

For each receiving facility: legal name, address, EPA/RCRA ID, waste management method (disposal/treatment/recycling/energy recovery), chemical quantity in pounds, waste form.

Address recycling methods, energy recovery, treatment categories with efficiency, and disposal reconciled with waste manifests and LDR notifications.

**Material balance check:** All chemical quantities must reconcile across products, releases, transfers, and on-site management.

### Part 5: Source Reduction & Pollution Prevention

Per Pollution Prevention Act of 1990:

1. **Process modifications** — quantify waste reduction per production unit (before/after)
2. **Material substitutions** — toxic-to-less-toxic replacements with quantified reduction
3. **Operational improvements** — inventory management, training, maintenance impacts
4. **Recycling maximization** — on-site recovery, off-site arrangements, verification
5. **Future plans** — projects in development, feasibility studies, identified barriers

### Part 6: Certification

**Certifying official:** Must be owner/operator, senior management with facility responsibility, or senior corporate environmental official.

**Required certification language** (do not modify):

> "I hereby certify that I have reviewed the attached documents and that, to the best of my knowledge and belief, the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment."

**Penalty references:**
- Criminal: 18 U.S.C. § 1001 (false statements)
- Civil: EPCRA § 325 (up to $25,000/day per violation — verify current inflation-adjusted amount)

**Pre-certification checklist:**
- [ ] Technical review of calculations and data sources
- [ ] Compliance review against 40 CFR Part 372
- [ ] Management review of business implications and litigation risk
- [ ] Legal counsel review

**Recordkeeping:** Maintain all supporting documentation for minimum 3 years from submission.

## Submission

- **Deadline:** July 1 following the reporting year (Jan 1–Dec 31)
- **Method:** EPA TRI-MEweb
- **Units:** Pounds per year
- **Attachments:** Facility location map with release points, process flow diagrams, methodology documentation

## Pitfalls

- Reconcile all data across EPA databases (FRS, RCRA, NPDES, air permits) — inconsistencies trigger inquiry
- Threshold calculations, release totals, transfer quantities, and material balance must all reconcile internally
- Document estimation methodology for every release pathway — must withstand audit
- Never paraphrase or modify the statutory certification language
- Flag borderline threshold chemicals with conservative analysis
- Form R is publicly disclosed — draft with awareness of community right-to-know and citizen suit exposure under EPCRA
- Final certification requires facility management and legal counsel review