Comparison of Tier II, TRI, and 112(r) Requirements (TCEQ)

The Emergency Planning and Community Right-to-Know Act (EPCRA) requires businesses that store and/or manufacture, process, or use certain chemicals to complete the Tier II (EPCRA 311 and 312) Report and/or the Toxics Release Inventory (EPCRA 313) Report, also called the Form R.

Section 112(r) of the Clean Air Act focuses on risk management for accident prevention.

While these three (3) programs have similar reporting elements, they have significant differences outlined in the following table.

What is a general description of the program?

EMERGENCY PLANNING

reporting significant amounts of hazardous chemicals maintained at fixed facilities for emergency planning purposes.

COMMUNITY RIGHT-TO-KNOW

reporting on air emissions, waste disposal, and wastewater discharges.

RISK MANAGEMENT FOR ACCIDENT PREVENTION

responding to emergencies and planning to prevent accidents.

Who needs to submit reports?

Any company storing chemicals that could present a physical or health hazard in amounts that exceed the threshold limits.

Companies that exceed the threshold limits and:

Have ten (10) employees or more.
Treat hazardous waste.
Distribute chemicals.
Mine metals or coal.
Have petroleum bulk stations (wholesale).
Are electric utilities.

Industry sector must be covered by the NAICS code list found in Table 1 of the March 2021, EPA publication EPA-740-B-21-001, Toxic Chemical Release Inventory Reporting Forms and Instructions, and manufacture, process, or otherwise use more than the triggering amount for that classification of a TRI chemical.

Businesses such as:

Farm cooperatives.
Chemical manufacturers.
Chemical distributors.
Metal product manufacturers.
Food processors.
Drinking water systems.
Utilities.

If they exceed the threshold amounts.

What reporting is required?

One-time Emergency Planning Letters for facilities that have certain hazardous chemicals in specified amounts.

Tier II Chemical Inventory Reports submitted online

Form A: a shorter report for companies that meet the qualifications for reporting but have lower chemical on-site amounts and off-site transfers.

Form R: an inventory of on-site releases and off-site waste transfers of substances (not products) listed under TRI.

The EPA requires facilities to use TRI-MEweb

When is the report or plan due?

Annual reports are due March 1st of every year for the previous calendar year.

Initial reports are due within 90 days of a new facility or new chemical surpassing the reporting threshold. Similarly, update reports are required to be submitted within 90 days of any significant change to an existing facility report.

July 1st of every year for the previous calendar year.

June 20, 1999, initially; update every 5 years.

Is there a list of reportable chemicals with thresholds?

No, TCEQ relies on OSHA’s definition of “hazardous chemicals” to determine which products may need to be reported. The

How many reportable chemicals are on this threshold list?

There are 355 chemicals on the EHS list; however, there is no set list of all reportable hazardous substances.

There are 770 toxic chemicals and chemical categories.

There are 77 acutely toxic substances and 63 flammable gases and volatile liquids.

What are the thresholds?

Each limit represents the peak storage quantity of that chemical over a year.

10,000 lb for hazardous substances that are not considered an EHS.
500 lb or the threshold planning quantity, whichever is less, for 355 chemicals listed on the EHS list.

The TRI program classifies chemicals as normal TRI chemicals or as persistent, bioaccumulative toxins (PBT).

If you manufacture or process more than 25,000 lb in a year or use more than 10,000 lb of non-PBT (persistent and bio-accumulative toxins) TRI chemicals, then report any on-site releases or off-site waste transfers of those chemicals.

Find reporting thresholds for PBT chemicals in section B.4 of the March 2021, EPA publication EPA-740-B-21-001, Toxic Chemical Release Inventory Reporting Forms and Instructions.

Threshold quantities for each chemical are in 40 CFR §68.130.

If your peak storage quantity of any chemical exceeds the limit at any point in the year, report to EPA.

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