This summary is to provide an introduction to EPCRA related responsibilities for Delaware businesses but does not attempt to fully explain all aspects of the applicable laws and regulations; the actual Federal and State regulations must be consulted for complete information. Compliance with this summary will not be a defense to a violation of the laws or regulations.
Facilities covered under TRI are required to report on-site releases, off-site transfers, and on-site waste management activities related to their use of certain toxic chemicals. This information is compiled and made available to the public.
Reports must be filed by owners/operators of facilities that meet all three of the following criteria:
1. The facility has the equivalent of 10 or more full-time employees
2. The facility is classified in a covered North American Industrial Classification System (NAICS) Code, or is a federal facility.
3. The facility manufactures (defined to include importing), processes, or otherwise uses a listed toxic chemical in quantities equal to or greater than the established threshold in the course of a calendar year. The thresholds for non-Persistent Bioaccumulative Toxic (PBT) chemicals are as follows:
Manufactured or Processed - 25,000 pounds
Otherwise Used - 10,000 pounds
For PBT chemicals, the thresholds are in the range of 10-100 pounds and are specific to the chemical. The threshold for Dioxins, a special PBT, is 0.1 grams.
Beginning with the 2006 reporting year, covered NAICS codes replace the previously-used SIC codes: : 10 (except 1011, 1081, and 1094), 12 (except 1241), 20 through 39, 4911 (limited to facilities that combust coal and/or oil for the purpose of generating electricity for distribution in commerce), 4931 (same qualifier as 4911), 4939 (same qualifier as 4911), 4953 (limited to facilities regulated under RCRA Subtitle C), 5169, 5171, and 7389 (limited to facilities primarily engaged in solvent recovery services on a contract or fee basis). Please visit http://www.epa.gov/tri/lawsandregs/naic/index.htm for more information on using the NAICS codes in TRI reporting.
For more specific information regarding other reporting criteria, such as the definitions of full-time employee, manufacture, process, and otherwise use, please contact the Delaware EPCRA Reporting Program or the U.S. EPA Toxics Release Inventory (TRI) Program.
The list of reportable chemicals for the TRI program currently contains over 600 specific chemicals and chemical categories identified by the U.S. EPA. The list is dynamic, however, and is subject to change as a result of petitions or EPA review. An updated list of TRI chemicals can be obtained by contacting either the Delaware EPCRA Reporting Program, or through direct access from the U.S. EPA Toxics Release Inventory (TRI) Program.
How should facilities report?
Facilities must complete a Form "R" for each reportable chemical, utilizing EPA’s Automated TRI-ME web reporting software. Although facilities that meet certain criteria may submit an abbreviated report called Form "A" for a reportable chemical, DNREC recommends all reports be submitted on Form R. After a facility determines that it must report on a given chemical, the facility is eligible to use Form A for that chemical if,
- The sum of releases does not exceed 500 pounds , and
- The total annual amount of the chemical manufactured, processed, or otherwise used does not exceed 1,000,000 pounds.
For PBT’s, NO PBT’s may be reported on Form A
DIOXINS must be reported using Schedule 1, available in TRI-ME web.
Form A is a two-page report that only provides facility information (essentially the same as Part 1 on the Form R) and the identification of the chemical, but no release, transfer, and waste management data. Because of the lack of data, DNREC does not recommend use of Form A.
Forms and instructions, or the reporting software, can be obtained by contacting either the Delaware EPCRA Reporting Program or they can also be downloaded directly from the Download TRI-ME Software link at U.S. EPA Toxics Release Inventory (TRI) Program. Delaware recommends submitting all TRI reports using EPA’s TRI reporting program, TRI-ME web, and submitting over the internet to EPA’s Central Data Exchange (CDX) system. The TRI-ME disk reporting system will be discontinued after after 2008. TRI-ME Web does not require loading on your computer to file the reports.
When should facilities report?
Forms are due annually by the first business day following June 30 (normally July 1) covering activities at the facility during the previous calendar year.
Where should reports be sent?
Reports must be submitted to the EPA and DNREC TRI programs. Completed reports submitted to the EPA TRI-ME web CDX system will be automatically forwarded to DNREC and do not require an additional certification letter. There are no reporting fees associated with Toxics Release Inventory reporting in Delaware.