Toxic Release Inventory (TRI)

The State of Colorado follows the U.S. Environmental Protection Agency (EPA) Toxic Release Inventory (TRI) Program exactly and has no additional TRI requirements except for Pollution Prevention Fees charged to TRI reporting facilities.

In 1984 a deadly cloud of methyl isocyanate killed thousands of people in Bhopal, India. Shortly thereafter there was a serious chemical release at a sister plant in West Virginia. These incidents underscored demands by industrial workers and communities in several states for information on hazardous materials. Public interest and environmental organizations around the country accelerated demands for information on toxic chemicals being released "beyond the fence line" outside of the facility. Against this background, the federal Emergency Planning and Community Right-to-Know Act (EPCRA), also known as Superfund Amendment Reauthorization Act (SARA) Title III, was enacted.

Section 313 of EPCRA specifically requires facilities to report releases of over 600 designated toxic chemicals to the environment. The reports are submitted to the U.S. EPA and, in Colorado, to the Colorado Department of Public Health and Environment. EPA compiles this data in an on-line, publicly accessible national computerized TRI on the Internet at www.epa.gov/triexplorer/ .

Reports must be submitted on or before July 1 each year. A separate copy should be sent to both EPA and the State of Colorado (unless reporting electronically using TRI-MEweb), and must cover activities that occurred at the facility during the previous calendar year. TRI facilities are required to report on releases of toxic chemicals into the air, water, and land. In addition, they need to report off-site transfers -- a transfer of wastes for chemical recycling, treatment, or disposal at a separate facility. Facilities may also report pollution prevention activities.

This final rule is effective November 30, 2010, and shall apply for the reporting year beginning January 1, 2011 (reports due July 1, 2012).

On November 26, 2010, EPA finalized a rule to provide communities with additional information about toxic chemicals being released to the environment. The rule, which will be effective on November 30, 2010, adds 16 chemicals to the TRI list of reportable chemicals. This action is part of EPA's ongoing efforts to examine the scope of TRI chemical coverage and provide more complete information on toxic chemical releases, and it is the first TRI program chemical expansion in over a decade.

Each chemical that EPA is adding has been classified as “reasonably anticipated to be a human carcinogen” by the National Toxicology Program (NTP) in their Report on Carcinogens (RoC) document. EPA has concluded, based on a review of available studies, that these 16 chemicals could cause cancer in humans and therefore meet the EPCRA section 313(d)(2)(B) statutory listing criteria.

Four of the chemicals are being added to TRI under the polycyclic aromatic compounds (PACs) category. The PACs category is of special concern because PACs are persistent, bioaccumulative, toxic (PBT) chemicals and as such, they are likely to remain in the environment for a very long time, are not readily destroyed, and may build up or accumulate in the bodies of humans or animals.

Addition of National Toxicology Program Carcinogens; Community Right-to-Know Toxic Chemical Release Reporting:

•  Final Rule on new TRI chemicals (PDF, 8pp) http://www.epa.gov/tri/lawsandregs/ntp_chemicals/final.html

Facilities identified in the table below that have the equivalent of 10 or more full-time employees and meet the established thresholds for manufacture, processing, or "otherwise use" of listed chemicals (i.e., manufactures or processes over 25,000 pounds of the approximately 600 designated chemicals or 28 chemical categories specified in the regulations, or uses more than 10,000 pounds of any designated chemical or category) must report their releases and other waste management quantities (including quantities transferred off-site for further waste management). Please note: there are new reporting requirements for Persistent, Bioaccumulative and Toxic (PBT) chemicals. See the following section on “New PBT Rules”.

  SECTORS                                         SIC Codes (NAICS Codes below)

1) NAICS Code Reporting Change (Facilities will be required to report to TRI using 2007 NAICS codes beginning with TRI reporting forms that are due on July 1, 2009, covering releases and other waste management quantities for the 2008 calendar year.)

http://www.epa.gov/fedrgstr/EPA-TRI/2008/June/Day-09/tri12856.htm

Crosswalk tables between 2007 NAICS and 2002 NAICS can be found on the Internet at
http://www.census.gov/epcd/www/naics.html

Original TRI NAICS Final Rule (with SIC/NAICS crosswalk:

http://www.epa.gov/EPA-WASTE/2006/June/Day-06/f5131.htm

For more information on NAICS codes and a NAICS search tool, see http://www.census.gov/eos/www/naics/ .

A crosswalk between SIC codes and NAICS codes is available at http://lmi.state.oh.us/Special/SicToNaicsCrosswalk.htm .

US EPA finalized the rule on the Toxic Release Inventory (TRI) reporting of persistent, bioaccumulative and toxic (PBT) chemicals. This change was effective with the reporting year beginning 1/1/2000 (due July 1, 2001). For more information on this rule, visit the TRI website at www.epa.gov/tri or call the EPCRA Hotline at 1-800-424-9346. Guidance documents for compliance with this rule are available at the EPA website.

In January 2001, USEPA issued a final rule under section 313 of the Emergency Planning and Community Right to Know Act (EPCRA) which lowered the Toxic Release Inventory (TRI) reporting thresholds for lead and lead compounds. The first reports under this new rule were due July 1, 2002 for the 2001 reporting year. The rule is part of USEPA's effort to expand the public's right to know about toxic chemicals - particularly persistent, bioaccumulative, toxic chemicals in their communities. For more information regarding the Lead Rule, including a copy of the final lead rule, a guidance document for reporting releases of lead, a fact sheet, and a related press release, and frequently asked questions, visit the USEPA Toxic Release Inventory (TRI) web site at: www.epa.gov/triinter/lawsandregs/pbt/pbtrule.htm .

Access TRI Data

The TRI database ( www.epa.gov/triexplorer/ ) includes information on:

• What chemicals were released into the local environment during preceding years.
• How much of each chemical went into the air, water, and land in a particular year.
• How much of the chemicals were transported away from the reporting facility for disposal, treatment, recycling, or energy recovery.
• How chemical wastes were treated at the reporting facility.
• The efficiency of waste treatment.
• Pollution prevention and chemical recycling activities.

TRI – Made Easy (TRI-ME) Software:

There is now only one TRI-ME application: TRI-MEweb (TRI-Medesktop is not available for Reporting Year 2009 reporting). TRI-Made Easy Web (TRI-MEweb) is a web-based application that you can access anywhere you have a connection to the internet. TRI-MEweb requires no downloads or software installs. This is now the preferred method to do TRI reports and EPA considers TRI-MEweb to be the TRI reporting software of the future.

Important: Please note that in order to use TRI-MEweb, certifying officials must register for the application in CDX. This registration requires the printing, completion, and mailing of an electronic signature agreement. Please allow adequate time for the mailing and processing of this form, which is estimated to take a minimum of 5 business days.

• (Link to register for CDX)
  
• Colorado - Toxic Release Inventory Data (TRI Explorer)
• SARA Title III - List of Lists - Consolidated List of Chemicals Subject to the Emergency Planning and Community Right-To-Know Act (EPCRA)

For more information and Tutorials on TRI-ME Reporting Software, go to:

http://www.epa.gov/tri/report/software/trimeweb/index.htm
http://www.epa.gov/tri/training/index.htm 
http://www.chemicalright2know.org/category/trainings/

The Toxic Release Inventory (TRI) forms, for activity in a given calendar year, are due July 1st of the following calendar year.

For general information you can contact the national EPCRA Hotline toll-free at 1-800-424-9346 or visit the websites listed below.

For Colorado specific technical information or reporting, contact the Colorado SARA Title III program.
Additional information on Toxic Release Inventory Reporting

• http://www.epa.gov/tri/report/software/index.htm#register 
• http://www.epa.gov/tri/report/software/trimeweb/index.htm 
• http://cdx.epa.gov/epa_home.asp