EPA's Changes to TRI Reporting: What to Know Before the July 1 Due Date
EPA has made some updates, changes and additions to their Toxic Release Inventory (TRI) reporting.
EPA has made some updates, changes and additions to their Toxic Release Inventory (TRI) reporting. Their focus on environmental justice is evident in many of these changes. Because the TRI is used as a mechanism to publicly report businesses’ chemical and release information, changes and additions to the TRI is a logical place to start when it comes to EJ’s goal of transparency and giving citizens equal access to information to make decisions on where they live and work. Thus, this is an easy place to start, and where we may find more changes throughout the year.
⚡ TL;DR: EPA’s 2021 TRI updates lower de minimis thresholds for carcinogens (1% → 0.1%), add 172+ PFAS chemicals at 100-pound threshold, expand AFFF fire foam reporting, and add natural gas and sterilization facilities—all due July 1, 2021.
TRI reports, aka Form R, also aka SARA 313 reports are due July 1.
⚠️ What’s at stake: Missed TRI deadlines or incorrect reporting of carcinogens at new 0.1% thresholds can trigger EPA penalties exceeding $32,000+ per violation, facility inspections, and public disclosure of your chemical inventory to neighboring communities.
What’s Environmental Justice? EPA defines EJ as: “The fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. This goal will be achieved when everyone enjoys: The same degree of protection from environmental and health hazards, and Equal access to the decision-making process to have a healthy environment in which to live, learn, and work.” EPA has an entire section dedicated to EJ on its website. They even have a mapping and search tool called EJSCREEN that combines environmental and demographic indicators in maps and reports. Changes in Some de Minimis Percentages EPCRA Section 313 and chemical categories are subject to a 1% de minimis concentration unless the substance has been named a carcinogen or potential carcinogen. That is, when you’re determining thresholds of chemicals, some chemicals can be exempt from reporting if you have minimal concentrations of non-Persistent Bioaccumulative Toxic (PBT) chemicals in mixtures. This is called a de minimis exemption. The following chemicals have had their de minimis percentages altered from 1% to 0.1% because they are now OSHA carcinogens: Reporting Year 2020 (due July 1, 2021) Pyridine Methyl acrylate Quinoline Vinylidene chloride Were Changed for Reporting Year 2019 (due last year) N,N dimethylformamide (CAS 62-12-2) 2-mercaptobenzothiazole (CAS 149-30-4) Molybdenum trioxide (CAS 1313-27-5) Supplier Notifications Don’t forget that companies who process or manufacture TRI-listed chemicals or chemical mixtures are required to send annual supplier chemical notifications per EPCRA Section 313. Per- and Polyfluoroalkyl Substances (PFAS) Reporting The 2020 National Defense Authorization Act requires a PFAS to be added to TRI when it meets a certain criteria. For reporting year 2020, EPA added 172 PFAS chemicals. The threshold for those is 100 pounds, manufactured, processed or otherwise used. If you use any of these chemicals, these should be included in your reporting year 2020 reports, due July 1, 2021. For the 172 PFAS chemicals, the de minimis concentration for perfluorooctanoic acid (PFOA) is 0.1%. For all other PFAS chemicals, the de minimis level is 1%. So far for the 2021 reporting year, EPA has added three new PFAS: perfluorooctyl iodide, potassium perfluorooctanoate and silver(I) perfluorooctanoate. These also have the same threshold of 100 pounds. EPA will be adding more as they come along. EPA is anticipating that perfluorobutane sulfonic acid (PFBS) will be the next one added. PFAS Fire Suppression Foam Fire suppression aqueous film forming foam (AFFF) is a common PFAS chemical. For this chemical, if it is released for system testing, training or to suppress a fire, it’s considered otherwise use and needs to be reported on your TRI. If it’s not used onsite, but just stored there, it’s not considered an activity and does not need to be reported. Only when it’s released from a fire suppression system is it considered an activity (that is, manufacture, process or otherwise). If you use the fire foam offsite it’s not included in the threshold. TSCA Work Plan and High-Priority Chemicals EPA would like to add chemicals that are listed on the Toxic Substances Control Act’s (TSCA) Work Plan. The TSCA Work Plan is a list of 90 chemicals under further assessment by EPA. Those chemicals are chosen based on their potential for high hazard and exposure. As an example, the first 10 of those 90 chemicals currently under review include: 1,4-Dioxane 1-Bromopropane Asbestos Carbon Tetrachloride Cyclic Aliphatic Bromide Cluster Methylene Chloride N-methylpyrrolidone Pigment Violet 29 Tetrachloroethylene, aka Perchloroethylene Trichloroethylene EPA would also like to take a look at adding other chemicals from a list of 25 chemicals suggested for addition by the Toxics Reduction Institute in Massachusetts. Facilities Added to TRI Reporting Requirements Natural Gas Processing Facilities Natural gas facilities will be an included type of facility on the Emergency Planning and Community Right to Know Act (EPCRA) Section 313. Thus, those facilities will need to submit reports to TRI. Contract Sterilization Facilities Further reporting of ethylene oxide (EtO) will be required on the TRI. Specifically, contract sterilization facilities have been called out as types of facilities this will affect.
Is your facility now newly covered by TRI? Unsure if your chemical inventory includes 172 new PFAS thresholds? Get a free TRI compliance audit from iSi Environmental before July 1.
Adding More TRI Tools for the Public EPA wants to make TRI data even more useful and accessible for the public. As a result, they want to make the following additions: Add a demographic profile section to TRI so that you can search by income profile and race, similar to what’s available on EJSCREEN; Launch a Spanish version of the TRI; and, Promote the Pollution Prevention (P2) information that companies are required to include in their TRI reports. There are currently no timetables for completion of these new goals and additions. iSi will keep you updated as we see changes and additions finalized and added to TRI or EPCRA.
Frequently Asked Questions
Q: What chemicals had their de minimis concentration changed from 1% to 0.1% for TRI reporting?
For reporting year 2020 (due July 1, 2021), EPA changed de minimis concentrations to 0.1% for four OSHA carcinogens: Pyridine, Methyl acrylate, Quinoline, and Vinylidene chloride. Additionally, for reporting year 2019, N,N dimethylformamide, 2-mercaptobenzothiazole, and Molybdenum trioxide had their thresholds reduced from 1% to 0.1% due to carcinogen classification.
Q: How are PFAS chemicals reported under the new TRI requirements?
Under the 2020 National Defense Authorization Act, EPA added 172 PFAS chemicals to TRI reporting with a 100-pound threshold for manufacture, processing, or use. PFOA has a de minimis concentration of 0.1%, while all other PFAS chemicals are at 1%. For reporting year 2021, three additional PFAS chemicals were added: perfluorooctyl iodide, potassium perfluorooctanoate, and silver(I) perfluorooctanoate.
Q: When is AFFF fire suppression foam considered a reportable activity under TRI?
Aqueous film forming foam (AFFF) is reported under TRI when released for system testing, training, or to suppress an actual fire. If AFFF is stored but not released, it is not considered a reportable activity. Off-site use of AFFF is also excluded from threshold calculations, according to iSi Environmental’s analysis of EPA guidance.
Q: Which new types of facilities were added to TRI reporting requirements?
Natural gas processing facilities were added to EPCRA Section 313 requirements, requiring TRI reporting of applicable chemicals. Additionally, contract sterilization facilities were specifically identified for expanded ethylene oxide (EtO) reporting requirements, reflecting EPA’s focus on environmental justice and community transparency.
💰 The cost of non-compliance: TRI reporting errors or missed July 1 deadlines trigger EPA civil penalties of $32,500+ per violation per day, plus mandatory third-party audits and public disclosure of facility chemical releases to community members and environmental groups.
TRI compliance is not optional—it’s publicly audited. The sooner you lock in your 2021 chemical inventory and PFAS thresholds, the sooner you can stop worrying.
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