--- name: tri-form-r title: Toxic Release Inventory (Form R) Report description: Drafts EPA Toxic Release Inventory (Form R) reports under EPCRA Section 313 and 40 CFR Part 372. Covers facility identification, chemical threshold determinations, release quantification, off-site transfers, source reduction, and certification. Use when preparing TRI filings, Form R reports, toxic chemical release disclosures, or annual EPCRA Section 313 submissions. author: CaseMark author_url: https://github.com/CaseMark/skills/tree/main/skills/legal/tri-form-r license: Apache-2.0 version: 0.1.0 execution_mode: open jurisdiction: us practice: environmental language: en --- # 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