6.1 EPCRA Tier II (Section 312) & Toxic Release Inventory (TRI Section 313)

EPCRA Tier II (Section 312) & Toxic Release Inventory (TRI Section 313)

The Emergency Planning and Community Right-to-Know Act (EPCRA)—enacted as Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986 and codified in 40 CFR Parts 355, 370, and 372—was promulgated by Congress following the catastrophic 1984 chemical release in Bhopal, India, and a subsequent toxic release in Institute, West Virginia. EPCRA establishes a mandatory national framework for emergency planning, emergency release notification, chemical inventory reporting, and toxic chemical release disclosure.

For a Certified Hazardous Materials Manager (CHMM), mastery of EPCRA is essential for navigating overlapping statutory thresholds, executing time-sensitive emergency notifications, filing annual Tier II chemical inventory submissions, and completing complex mass-balance release accounting under the Toxic Release Inventory (TRI).

1. Statutory Architecture of EPCRA (SARA Title III)

EPCRA is structured into four core interrelated regulatory programs, each with distinct chemical lists, reporting thresholds, submission deadlines, and recipient regulatory bodies:

+-----------------------------------------------------------------------------------+
|                         EPCRA / SARA TITLE III STATUTORY STRUCTURE                |
|                                                                                   |
|    PROGRAM                    REGULATION         PRIMARY MANDATE & TIMELINE       |
|   +-------------------------+------------------+--------------------------------+ |
|   | Sections 301–303:       | 40 CFR Part 355  | EHS Emergency Planning & TPQ   | |
|   | Emergency Planning      |                  | Notify SERC/LEPC in 60 days    | |
|   +-------------------------+------------------+--------------------------------+ |
|   | Section 304:            | 40 CFR Part 355  | Emergency Release Notification | |
|   | Emergency Release Notify| Subpart C        | Immediate call + prompt follow-up| |
|   +-------------------------+------------------+--------------------------------+ |
|   | Sections 311–312:       | 40 CFR Part 370  | MSDS/SDS & Tier II Inventory   | |
|   | Community Right-to-Know |                  | Due annually by MARCH 1        | |
|   +-------------------------+------------------+--------------------------------+ |
|   | Section 313:            | 40 CFR Part 372  | Toxic Release Inventory (TRI)  | |
|   | Toxic Release Inventory |                  | Due annually by JULY 1 (Form R)| |
|   +-------------------------+------------------+--------------------------------+ |
+-----------------------------------------------------------------------------------+

Core Institutional Entities Established by EPCRA:

• State Emergency Response Commission (SERC): Appointed by the governor of each state, the SERC oversees state-level hazardous materials planning, designates local emergency planning districts, and processes chemical inventory filings.
• Local Emergency Planning Committee (LEPC): Appointed by the SERC for each designated district, the LEPC includes elected officials, fire/police chiefs, public health officers, environmental managers, facility operators, and community representatives. The LEPC develops and annually reviews the comprehensive district emergency response plan.
• Local Fire Department: The local fire authority having jurisdiction (AHJ) over the facility, which must receive chemical inventory data to safeguard emergency responders.

2. EPCRA Sections 302 & 304: Emergency Planning & Immediate Release Notification

EPCRA Section 302: Emergency Planning Notification (40 CFR Part 355 Subpart B)

Section 302 applies to any facility that has present on-site, at any one time, an Extremely Hazardous Substance (EHS) at or above its designated Threshold Planning Quantity (TPQ).

• The EHS List: Codified at 40 CFR Part 355 Appendices A and B, this list contains approximately 355 extremely toxic chemicals (e.g., anhydrous ammonia, chlorine, sulfuric acid, phosgene, hydrogen cyanide, methyl isocyanate).
• TPQ Values: TPQs range from 1 pound (e.g., dioxin, phosgene) to 10,000 pounds depending on acute toxicity and volatility.
• Dual TPQs for Solids: Solid EHS chemicals often have two listed TPQs (e.g., 100 / 10,000 lbs). The lower threshold (e.g., 100 lbs) applies if the solid is in powder form with a particle size $< 100,\mu\text{m}$, is in solution or molten form, or has an NFPA reactivity rating of 2, 3, or 4. If the solid does not meet these criteria, the higher threshold (e.g., 10,000 lbs) applies.
• Mandatory Actions:
  1. Notification within 60 Days: The facility owner/operator must notify the SERC and LEPC within 60 calendar days after first receiving an EHS at or above its TPQ.
  2. Facility Emergency Coordinator (FEC): The facility must designate a representative to participate in the local emergency planning process and notify the LEPC of this appointment within 60 days of LEPC formation or upon triggering Section 302.
  3. Ongoing Notification: Promptly notify the LEPC of any relevant changes occurring at the facility (e.g., new chemical lines, facility expansion).

EPCRA Section 304: Emergency Release Notification (40 CFR Part 355 Subpart C)

Section 304 establishes immediate emergency reporting mandates for accidental chemical releases that extend beyond the facility boundary:

• Trigger: An unpermitted release into the environment (air, water, land) that equals or exceeds the Reportable Quantity (RQ) within a 24-hour period for:
  • Any EPCRA Section 302 Extremely Hazardous Substance (EHS), OR
  • Any CERCLA Hazardous Substance listed under 40 CFR Table 302.4.
• Immediate oral notification: The facility must immediately notify the SERC of any state likely to be affected, the LEPC of any area likely to be affected, and, for a CERCLA hazardous substance at or above its RQ, the National Response Center (NRC: 1-800-424-8802). The federal rule says immediately; it does not create one universal 15-minute safe harbor.
• Exclusion: Releases resulting in exposure to persons solely within the facility boundaries are exempt from Section 304 notification (though still subject to OSHA incident logging).
• Written follow-up notice: EPCRA § 304(c) requires a written follow-up emergency notice to the SERC and LEPC as soon as practicable. Federal EPCRA does not impose a universal 30-day deadline, although a state may. The notice addresses:
  • Actions taken to respond to and contain the release.
  • Known or anticipated acute or chronic health risks.
  • Medical advice regarding treatment of exposed individuals.
  • Source, chemical identity, actual quantity released, and environmental fate.

3. EPCRA Sections 311 & 312: Tier II Hazardous Chemical Inventory Reporting

EPCRA Sections 311 and 312 mandate chemical inventory disclosure for facilities required under the OSHA Hazard Communication Standard (29 CFR 1910.1200) to prepare or maintain Safety Data Sheets (SDSs).

+-----------------------------------------------------------------------------------+
|                     EPCRA SECTION 312 (TIER II) REPORTING THRESHOLDS              |
|                                                                                   |
|   CHEMICAL CATEGORY            REPORTING THRESHOLD          APPLICABLE RULE       |
|   ---------------------------+----------------------------+--------------------- |
|   Extremely Hazardous         500 lbs OR the designated    Whichever is LOWER    |
|   Substances (EHS)            TPQ (e.g., 1 lb - 500 lbs)   (40 CFR § 370.10)     |
|   ---------------------------+----------------------------+--------------------- |
|   General OSHA Hazardous      10,000 lbs (at any one time  Standard HazCom SDS   |
|   Chemicals (Non-EHS)         during the calendar year)    substances             |
|   ---------------------------+----------------------------+--------------------- |
|   Retail Gas Stations         75,000 gallons (Gasoline)    Tanks in full UST     |
|   (Commercial Fuel Dispensers) 100,000 gallons (Diesel)    compliance (Subpart I)|
+-----------------------------------------------------------------------------------+

Key Nuance: Calculating Chemical Quantities in Mixtures

When determining whether a reporting threshold is reached for a chemical present in a mixture:

• For Non-EHS Hazardous Chemicals: If the total weight of the mixture multiplied by the weight percentage of the hazardous component equals or exceeds 10,000 lbs, or if the entire mixture itself exceeds 10,000 lbs, reporting is triggered.
• For EHS Chemicals: The threshold applies strictly to the aggregate quantity of the pure EHS across all containers, processes, and mixtures in the entire facility. For example, if a plant stores twenty 55-gallon drums of an aqueous solution containing 10% sulfuric acid (an EHS with a 1,000 lb TPQ and 500 lb Tier II threshold), the manager must aggregate the pure $H_2SO_4$ mass across all 20 drums. If pure $H_2SO_4 \ge 500\text{ lbs}$, Tier II reporting is legally required.

Annual Tier II Filing Mechanics:

• Filing Deadline: Due annually by March 1 for the preceding calendar year (January 1 to December 31).
• Mandatory Recipients (The "Three-Door Rule"): Submissions must be delivered simultaneously to:
  1. The State Emergency Response Commission (SERC);
  2. The Local Emergency Planning Committee (LEPC); and
  3. The Local Fire Department having jurisdiction.
• Submittal Software: Most states require electronic submittal using EPA's Tier2 Submit desktop software or online portal platforms such as E-Plan or state-specific environmental portals.
• Mandatory Tier II Data Fields:
  • Physical and health hazards classified under GHS/OSHA (e.g., Flammable Liquid, Corrosive, Carcinogen, STOT).
  • Maximum daily amount on-site (using EPA 2-digit range codes, e.g., Code 04 = 10,000 to 99,999 lbs).
  • Average daily amount on-site.
  • Number of days on-site.
  • Storage container types (e.g., Aboveground tank, Steel drum, Plastic carboy, Cylinder).
  • Storage pressure and temperature (e.g., Ambient temp / Ambient pressure; Cryogenic / Pressurized).
  • Precise facility storage locations (building, room, lot) and confidential site plans.

4. EPCRA Section 313: Toxic Release Inventory (TRI) Reporting

EPCRA Section 313 establishes the Toxic Release Inventory (TRI), codified in 40 CFR Part 372. TRI tracks the annual management, environmental release, off-site transfer, recycling, treatment, and energy recovery of approximately 800 listed toxic chemicals and chemical categories.

The Three-Part TRI Applicability Test:

A facility MUST file an annual TRI report if and only if it meets ALL THREE of the following statutory criteria:

+-----------------------------------------------------------------------------------+
|                         TRI SECTION 313 THREE-PART APPLICABILITY TEST             |
|                                                                                   |
|   [ STEP 1: NAICS CODE ]        [ STEP 2: EMPLOYEE COUNT ]   [ STEP 3: THRESHOLDS]|
|   Covered Industry Sector:      >= 10 Full-Time Equivalents  Exceeds Activity TQ: |
|   - Manufacturing (31-33)       (>= 20,000 labor hours/yr    - 25k lbs Manufacture|
|   - Mining (212)                including contractors &      - 25k lbs Process    |
|   - Utilities (2211)            temporary personnel)         - 10k lbs Other Use  |
|   - Commercial TSDFs (5622)                                  - Lower for PBTs     |
+-----------------------------------------------------------------------------------+

1. Covered NAICS Industry Sector

Primary North American Industry Classification System (NAICS) codes include:

• Manufacturing: Sectors 31, 32, and 33 (e.g., chemical, metal fabrication, electronics, automotive, food processing).
• Mining: Sector 212 (metal mining, coal mining).
• Electric Power Generation: Sector 2211 (coal- and oil-fired electric utilities).
• Commercial Hazardous Waste TSDFs: Sectors 562212, 562213, and 562219.
• Solvent Recovery Services: Sector 562920.
• Chemical & Petroleum Wholesale: Sectors 424690 (chemical distributors) and 424710 (petroleum bulk terminals).
• Federal Facilities: Mandated under Executive Order to report regardless of NAICS code.

2. Full-Time Employee Equivalent Threshold (10 FTEs)

The facility must have 10 or more full-time employee equivalents, defined mathematically as 20,000 total labor hours worked across all personnel (full-time, part-time, temporary, and on-site contractors) during the reporting calendar year: $\text{Total Hours Worked} \ge 20,000\text{ hours} \implies \text{Employee Threshold Met}$

3. Chemical Activity Thresholds (Standard Non-PBT Chemicals)

Activity thresholds are calculated separately for three distinct functional categories:

• Manufacture: $\ge 25,000\text{ lbs/year}$ — To produce, prepare, import, or generate a toxic chemical as a primary product, byproduct, or coincident impurity.
• Process: $\ge 25,000\text{ lbs/year}$ — The preparation of a toxic chemical, after its manufacture, for distribution in commerce (e.g., incorporating raw materials into paint formulations, blending solvents, reacting monomers into polymers, repackaging bulk chemicals).
• Otherwise Used: $\ge 10,000\text{ lbs/year}$ — Any use of a toxic chemical that is not manufacturing or processing (e.g., chemical processing aids, carrier solvents, degreasers, lubricants, refrigerants, boiler water treatment chemicals, wastewater neutralization acids).

[!IMPORTANT] Non-Aggregation Rule Across Activity Types: Manufacturing, processing, and otherwise used thresholds are mutually exclusive. You do NOT aggregate processing amounts with otherwise used amounts. For instance, if a plant processes 20,000 lbs of toluene and otherwise uses 8,000 lbs of toluene, neither threshold is exceeded ($20,000 < 25,000$ and $8,000 < 10,000$), and no TRI report is required for toluene.

5. Persistent, Bioaccumulative, and Toxic (PBT) Chemicals

To capture toxic chemicals that bioaccumulate in food chains and persist in the environment even at low quantities, EPA established substantially lower reporting thresholds for PBT chemicals (40 CFR § 372.28).

+-----------------------------------------------------------------------------------+
|                     TRI PBT CHEMICALS & LOWERED REPORTING THRESHOLDS              |
|                                                                                   |
|   PBT CHEMICAL / CATEGORY                  ANNUAL ACTIVITY THRESHOLD (MFG/PROC/USE)|
|   ---------------------------------------+--------------------------------------- |
|   Lead and Lead Compounds*                100 lbs / year                          |
|   Mercury and Mercury Compounds           10 lbs / year                           |
|   Dioxin and Dioxin-Like Compounds        0.1 gram (100 milligrams) / year        |
|   Polycyclic Aromatic Compounds (PACs)    100 lbs / year                          |
|   Benzo(g,h,i)perylene                    10 lbs / year                           |
|   Polychlorinated Biphenyls (PCBs)        10 lbs / year                           |
|   Hexachlorobenzene, Toxaphene            10 lbs / year                           |
|   Listed PFAS Compounds (NDAA additions)  100 lbs / year                          |
+-----------------------------------------------------------------------------------+

*Note: The 100 lb threshold for lead excludes lead contained in stainless steel, brass, or bronze alloys (which remain subject to standard 25,000/10,000 lb thresholds).

Critical PBT Special Restrictions:

1. No De Minimis Exemption: Standard non-PBT chemicals enjoy a de minimis exemption (mixtures containing < 1.0% of standard toxics or < 0.1% of OSHA-defined carcinogens are exempt from threshold calculations). PBT chemicals have ZERO de minimis exemption—every fraction of a pound must be counted.
2. Form A Prohibition: PBT chemicals are strictly ineligible for Form A certification statements, regardless of release quantities.
3. Precision Level: Releases must be reported in exact numbers rather than broad range codes; Dioxins must be reported in grams and toxic equivalency (TEQ) factors.

6. Form R vs. Form A Determination & Filing Protocols

Facilities exceeding a TRI chemical activity threshold must complete one of two EPA reporting forms by July 1 annually for the previous calendar year via EPA's electronic portal, TRI-MEweb (accessible through the Central Data Exchange, CDX).

+-----------------------------------------------------------------------------------+
|                           FORM R VS. FORM A COMPARISON MATRIX                     |
|                                                                                   |
|   CRITERION                  FORM R                           FORM A              |
|   -------------------------+--------------------------------+------------------- |
|   Report Type               Detailed Release & Waste Mgmt    Simplified 2-page   |
|                             Report (5+ pages per chemical)   Certification Stmt  |
|   -------------------------+--------------------------------+------------------- |
|   PBT Eligibility           Mandatory for all eligible PBTs  PROHIBITED for PBTs |
|   -------------------------+--------------------------------+------------------- |
|   Annual Release / Waste    Any amount                       <= 500 lbs/year     |
|   Management Threshold                                       total reportable amt|
|   -------------------------+--------------------------------+------------------- |
|   Total Volume Handled      Any amount exceeding 25k/10k     <= 1,000,000 lbs/yr |
|   (Mfg + Proc + Use)        activity thresholds              total combined      |
|   -------------------------+--------------------------------+------------------- |
|   Release Breakdown Data    Detailed: Air (Stack/Fugitive),  None: Single check- |
|                             Water, Land, Off-site, P2 Data   box certification   |
+-----------------------------------------------------------------------------------+

Form R Detailed Release & Waste Accounting (Sections 5 through 8):

• Section 5: On-Site Releases:
  • 5.1 Fugitive / Non-point air emissions (leaking valves, pump seals, building evaporative loss).
  • 5.2 Stack / Point air emissions (scrubber exhausts, baghouse stacks, incinerator vents).
  • 5.3 Surface water discharges (direct NPDES outfalls with receiving stream name).
  • 5.4 Underground injection (Class I UIC deep injection wells).
  • 5.5 Land disposal on-site (RCRA landfills, land treatment, surface impoundments).
• Section 6: Off-Site Transfers: Transfers to Publicly Owned Treatment Works (POTWs) and off-site TSDFs for recycling, energy recovery, treatment, or disposal.
• Section 8: Source Reduction and Pollution Prevention (P2): Mandatory accounting under the Pollution Prevention Act (PPA) of 1990 tracking the quantity recycled on-site/off-site, energy recovery on-site/off-site, treated on-site/off-site, and catastrophic one-time releases.