EH-413 Tree Logo EPCRA Instructions
Section 313 (Module 5):
Toxic Chemical Release Inventory
Module 5 graphic
Instructions for: Step 1, Step 2, Step 3, Step 4, Step 5, Step 6, Step 7, Step 8, Step 12, Step 13, Step 14, Step 15, Step 16, Step 17, Step 18, Step 19, Step 20, , Step 21, Step 22, Step 23, Step 24, Step 25, Step 26, Step 27, Step 28, Step 29, Step 31, Step 32, Step 33, Step 34, Step 35, and Step 36
Instructions for Step 1        Back to Step 1    GOTO: Top of Page
As directed by Executive Order 12856, DOE facilities must comply with EPCRA and the Pollution Prevention Act. The Toxic Chemical Release Inventory sections of EPCRA require facilities to provide designated emergency response agencies and the EPA with information on the uses and release of toxic chemicals present at the facility. The agencies and the EPA must then provide this information to the public upon request.
Only DOE facilities with 10 or more full-time employee equivalents must submit the Toxic Chemical Release Inventory forms. While it is quite unlikely that a DOE facility will have fewer than 10 full-time equivalent employees, this element has been included for completeness. For reference, this regulatory requirement can be found in 40 CFR 372.22 (a).
Instructions for Step 2        Back to Step 2    GOTO: Top of Note Page
The Toxic Release Inventory (Form R) is not required for facilities that do not meet the employee equivalent criteria.
Instructions for Step 3        Back to Step 3    GOTO: Top of Page
This question concerns products which are listed on the site inventory, but which meet one of the exemptions to Section 313. (40 CFR 372.38)
The exemptions listed in this module are the same as those listed in the EPCRA regulations (40 CFR 372.38).
Click here to view the list of exemptions.
If you do not have a comprehensive site inventory of the toxic chemicals on site, please refer to Module 1, Inventory of Chemicals. Module 1 is not a requirement under EPCRA; however, it may serve as a useful tool in compiling a comprehensive site inventory or as guidance in developing an alternative inventory method (such as a computerized inventory system).
Instructions for Step 4        Back to Step 4    GOTO: Top of Page
Record the Roman numeral corresponding to the exemption for each exempt product. This provides a through record of why the product is exempt. This record may be invaluable when audits are performed on the facility's compliance.
Introduction to Steps 5 - 25        Back to Introduction to Steps 5 - 25    GOTO: Top of Page
Using the Optional Section 313 Reporting Threshold Worksheet is one of the most straight-forward ways of assuring that no TCs present in the inventory are missed when determining if any TCs exceed the use thresholds. However, the Optional Section 313 Reporting Threshold Worksheets are not a regulatory requirement. If the inventory of chemicals at the facility is small enough to be manageable by written worksheets and other hard-copy means, then using copies of the Optional Section 313 Reporting Threshold Worksheet in its present form may be the best method of aggregating all the TCs. The DOE Site Office may develop their own worksheets. If the facility manages a more sizeable number of chemicals, it may be advantageous to use an alternate system which performs the same aggregation function, such as implementing a computer database using the Optional Section 313 Reporting Threshold Worksheet as guidance for developing the database specification. This guidance assures the DOE Site Office that the facilities will present the data in a format similar to that of the Optional Section 313 Reporting Threshold Worksheet.
Instructions for Step 5        Back to Step 5    GOTO: Top of Page
TCs present in products which are exempt from Section 313 do not need to be reported for Section 313.
Instructions for Step 6        Back to Step 6    GOTO: Top of Page
You will end up with one Optional Section 313 Reporting Threshold Worksheet for each TC present at the facility. It is advisable to familiarize yourself with the TC list and those TCs present at the facility to avoid starting two worksheets for the same TC. Be particularly cautious for cases where the chemical manufacturer used a synonym for the TC rather than EPA's regulatory name. In these cases, use the CAS number to positively identify the chemical.
Instructions for Step 7        Back to Step 7    GOTO: Top of Page
This is the first step in the iterative procedure. In this step you choose the TC for which you will be searching the site inventory.
Instructions for Step 8        Back to Step 8    GOTO: Top of Page
Information about each product containing that TC is transferred to the Optional Section 313 Reporting Threshold Worksheet for that TC. This allows all information about that TC to be aggregated, regardless of in what mixtures or in which locations the TC is present.
Instructions for Step 12        Back to Step 12    GOTO: Top of Page
The iterative procedure must be performed an all TCs for which an Optional Section 313 Reporting Threshold Worksheet has been started (i.e., all the reportable TCs present at the facility).
Instructions for Step 13        Back to Step 13    GOTO: Top of Page
Once the iterative procedure has been performed on all TCs present at the facility, you must proceed by completing the Form Rs for the reportable chemicals. If none of the TCs exceeded the manufacturing, processing, or otherwise-use thresholds, then the facility does not need to complete any Toxic Chemical Release Inventories (Form Rs).
Instructions for Step 14        Back to Step 14    GOTO: Top of Page
The term "manufacture " means to produce, prepare, compound or import a listed toxic chemical. The term manufacture also includes coincidental production of a toxic chemical (i.e., as a byproduct or impurity) as a result of the manufacture, processing, use, or disposal of other chemical substances (see 40 CFR 372.3 for further clarification of the term "manufactured").
Instruction for Step 14 A
Note that the weight which must be recorded is the weight of TC manufactured, not the weight of product manufactured.
Instructions for Step 15        Back to Step 15    GOTO: Top of Page
The term "process" means the preparation of a listed toxic chemical, after its manufacture, for distribution in commerce or to other DOE Sites. Processing includes preparation of the chemical in the same physical state or chemical form as that received by the facility or preparation that produces a change in physical state or chemical form.
Instruction for Step 15 A
Note that the weight which must be recorded is the weight of TC processed, not the weight of product processed.
Instructions for Step 16        Back to Step 16    GOTO: Top of Page
The term "otherwise use" encompasses any use of a listed chemical at a facility that does not fall under the definitions of "manufacture" or "process". A chemical that is otherwise used by a facility is not intentionally incorporated into a product. For example, when painting an article, the solvent present in the paint is otherwise-used because it is a component of the paint.
Instruction for Step 16 A
Note that the weight which must be recorded is the weight of TC otherwise used, not the weight of product otherwise used.
Instructions for Step 17        Back to Step 17    GOTO: Top of Page
Each of the thresholds is considered and calculated separately. Sum each of the columns separately.
Instructions for Step 18        Back to Step 18    GOTO: Top of Page
The completed contractor worksheets are returned to the DOE Site Office. The Site Office combines the worksheet totals to determine if the toxic chemical meets or exceeds the manufactured, processed, or otherwise-used thresholds.
Instructions for Step 19        Back to Step 19    GOTO: Top of Page
If the quantity recorded on Step 3, line A-A1, the quantity of toxic chemical manufactured for Section 313, is equal to or greater than 25,000 pounds, all activities and releases involving the TC must be reported, even if they are due to processing or otherwise use. (40 CFR 372.25)
Instructions for Step 20        Back to Step 20    GOTO: Top of Page
If the quantity recorded on Step 3, Line B-B1, the quantity of TC processed for Section 313, is equal to or greater than 25,000 pound, all activities and releases involving the TC must be reported, even if they are due to manufacturing or otherwise use.
Instructions for Step 21        Back to Step 21    GOTO: Top of Page
If the quantity recorded on Step 3, line C-C1, the quantity of TC otherwise used for Section 313, is equal to or greater than 10,000 pounds, all activities and releases involving the TC must be reported, even if they are due to manufacturing or processing.
Instructions for Step 22        Back to Step 22    GOTO: Top of Page
If the TC did not exceed the manufacturing, processing, or otherwise use thresholds, it does not need to be reported on a Toxic Chemical Release Inventory form.
Instructions for Step 23        Back to Step 23    GOTO: Top of Page
Since the TC did exceed one of the thresholds, it must be reported on a Toxic Chemical Release Inventory form.
Instructions for Step 24        Back to Step 24    GOTO: Top of Page
A copy of the 1997 version of the Toxic Chemical Release Inventory Form (Form R) is included on this web site. Make a copy of page two of this form and record the TC name and Chemical Abstract Service (CAS) number. Each TC to be reported will require an entire five-page Form R. Many facilities received Notices of Non Compliance the first year of Form R reporting because they submitted one page number one and multiple pages numbered two, three, four and five.
Instructions for Step 25        Back to Step 25    GOTO: Top of Page
Identify all reportable toxic chemicals before beginning to complete the Form Rs.
Instructions for Step 26        Back to Step 26    GOTO: Top of Page
The DOE Site Office provides each prime contractor with a list of toxic chemicals for which release and transfer information must be provided.
Instructions for Step 27        Back to Step 27    GOTO: Top of Page
Each prime contractor complies and submits to the DOE Site Office part II of the Form R Report, with corporate identification, for their operations at the site.
Instructions for Step 28        Back to Step 28    GOTO: Top of Page
The DOE Site Office consolidates data from each prime contractor's Form R Reports into comprehensive Form R Reports for the entire DOE site.
DOE Site Offices need to ensure they do not double-count the transfers of waste (and toxic chemicals) from one prime contractor's activities at the site to another contractor at the site, (i.e., contractor A may ship waste to contractor B at the site for incineration; contractor A would report an off-site shipment of waste for incineration while contractor B would report the receipt of the waste. For the DOE site Form R Report, the waste is moving from one area of the site to another area, so it would be reported as on-site incineration).
Instructions for Step 29        Back to Step 29    GOTO: Top of Page
The Toxic Chemical Release Inventory form (Form R; 1997 version) is included on this web site. Instruction for the Form R can be found in 40 CFR 372.85.
By making a generic page one and photocopying it, you will save the time involved in filling out multiple copies. Be sure each copy receives an original signature.
Instructions for Step 31        Back to Step 31    GOTO: Top of Page
Be sure to include all relevant information. The EPA ID number will be held by any off-site location which handles hazardous waste. Include the EPA ID number of each facility, even if you do not send them hazardous waste.
Instructions for Step 32        Back to Step 32    GOTO: Top of Page
Copies of each Form R will need to be submitted to the State Emergency Response Commission (SERC), the Federal EPA and EH-1. An original signature must be included with each form; photocopies of the certification signature on the Form R are not acceptable to the EPA and are not acceptable to most states, but are acceptable to EH-1.
Instructions for Step 33        Back to Step 33    GOTO: Top of Page
Submitting anything less than a complete five-page Form R for any TC is grounds for a Notice of Non-Compliance.
Follow the instructions for the Form R. They can be found in 40 CFR 372.85 and EPA's annual "Toxic Chemical Release Inventory Reporting Form R and Instruction." Copies of the Technical Guidance for Estimating Releases and Waste Treatment Efficiencies can be purchased from the Government Printing Office (GPO: Stock number 055-000-000270 3).
Under the Pollution Prevention Act of 1990, an annual Toxic Chemical Source Reduction and Recycling Report requires that the following information be provided for each toxic chemical that must be reported in the annual Toxic Release Inventory report:
  • the quantity of the chemical entering any waste stream and the percentage change in that quantity from the previous year,
  • the quantity of the chemical recycled during the calendar year, the percentage change from the previous year, and the recycling process used,
  • projections and percentages changes for quantity of chemicals entering waste streams and quantity entering recycling for the next two years,
  • source reduction practices,
  • techniques used to identify source reduction opportunities,
  • a ration of current to previous year production involving the chemical,
  • the amount of release of the chemical from one-time events,
  • the amount of the chemical treated during the year and the percentage change from the previous year,
  • any additional information that EPA deems necessary.

Additional information regarding source reduction, recycling, and other pollution control techniques from the previous years can be included.
Instructions for Step 34        Back to Step 34    GOTO: Top of Page
The DOE Site Office or applicable Operations Office shall sign and submit to EPA, the appropriate state, and EH-1 comprehensive Form R Reports for each DOE site under its purview.
If you are submitting reports on magnetic diskette, you must enclose a certification cover letter signed by the DOE official listed in Section 3 of Part I of the Form R (name and official title of owner or senior management official) for each facility.
Instructions for Step 35        Back to Step 35    GOTO: Top of Page
EPA requires that facilities keep documentation for each item that is on the Form R and for the compliance determination leading to hte submission of the Form R. The documentation must be retained a minimum of three years. (40 CFR 372.10)
Instructions for Step 36        Back to Step 36    GOTO: Top of Page
In the event that an error is detected after the forms from the Site Office have been filed with EPA, prepare a revised form R according to the TRI Form R instructions and submit copies of the revised form to:
  1. EPA,
  2. the state(s), and
  3. EH-1

DOE Office of Environmental Policy and Guidance