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

Compares the requirements for Tier II, TRI, and Section 112(r).

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 programs have similar reporting elements, they have significant differences outlined in the following table. 

Reporting Differences

View this table in PDF Adobe Acrobat PDF Document | See Examples of Report Thresholds

Question Tier II Toxics Release Inventory (TRI) Section 112(r)
Who administers this program?

Texas Department of State Health Services 
800/452-2791 or 512/834-6603

Tier II Chemical Reporting Program Overview Exit Site

Email: TierTwoHelp@dshs.texas.gov

Texas Commission on Environmental Quality (TCEQ)
512/239-4874 or toxic@tceq.texas.gov

and

U.S. Environmental Protection Agency (EPA)
800/424-9346 (option 3) or
800/553-7672 (TDD)

Toxic Release Inventory Program Overview Exit Site

 

U.S. Environmental Protection Agency (EPA)
800/424-9346 or
800/553-7672 (TDD)

Risk Management Program Overview Exit Site

Risk Management Program Frequently Asked Questions Exit Site
What is a general description of the program? Emergency Planning (the EP in EPCRA): reporting significant quantities of hazardous chemicals maintained at fixed facilities for emergency planning purposes. Community Right-to-Know (the CRA in EPCRA): reporting on air emissions, waste disposal, and wastewater discharges. Risk Management for Accident Prevention: responding to emergencies and planning to prevent accidents.
Which companies might need to submit reports (if the company exceeds the threshold limits)? Any company using chemicals that could present a physical or health hazard

Companies with 10 employees or more; and hazardous waste treatment, chemical distributors, metal mining, coal mining, petroleum bulk stations (wholesale), and electric utilities.

Industry sector must be covered by the NAICS code list found in Table 1 of the December 2012 EPA publication 260-R-10-001, Toxic Chemical Release Inventory Reporting Forms and Instruction, 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, and utilities.
What reporting is required?
  • One-time Emergency Planning Letters (EPLs) for facilities that have certain hazardous chemicals in specified amounts
  • Texas Tier Two Chemical Inventory Reports
  • As of August 1, 2006, all EPLs and Tier Two Chemical Inventory Reports are required to be submitted in electronic format. Texas DSHS provides software called Tier2Submit for reporting.

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 prefers facilities to submit reports through the TRI-ME system but still offers an option for paper submission.

Risk Management Plan should include:
  • hazard assessment
  • prevention program
  • emergency response program
Submit electronically through RMP*eSubmit
When is the report or plan due? March 1st of every year for the previous calendar year. 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? Yes; however, there are hazardous chemicals that are not on the threshold list, which the company may need to report. Yes, on the EPA’s TRI-Listed Chemicals site. Yes, in 40 CFR §68.130
How many reportable chemicals are on this threshold list? There are 356 chemicals on the Extremely Hazardous Substances list; however, 650,000 reportable hazardous substances are not on the list. There are 650 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 quantityof that chemical over a year.
  • 10,000 lb for 650,000 hazardous substances
  • 500 lb or the Threshold Planning Quantity (TQP), whichever is less, for 356 chemicals listed on the Extremely Hazardous Substances list
The TRI program classifies chemicals as normal TRI chemicals or as persistent, bioaccumulative toxins (PBT) chemcials. If the company manufactures or processes more than 25,000 lb cumulative total in a year of any one normal TRI chemical, or otherwise uses (such as cleaning machine parts) more than 10,000 lb of any TRI chemical, then the company must report any on-site releases or off-site waste transfers of those chemicals (no minimum for releases or transfers). Lower manufacturing, processing ,and otherwise use thresholds for triggering reporting of PBT chemicals are found in section B.4 of the December 2012 EPA publication 260-R-10-001, Toxic Chemical Release Inventory Reporting Forms and Instruction . Each chemical has a different threshold quantity. If the peak storage quantity of any chemical exceeds the limit on the 112(r) list at any point in the year, the company must report to EPA.

Examples of Report Thresholds

View this table in PDF Adobe Acrobat PDF Document | See the Reporting Differences | Return to Top

Report Tier II
(peak storage quantity)
TRI Section 112(r)
(peak storage quantity)
Anhydrous Ammonia
CAS #7664-41-7
  • Reportable Quantity (RQ) 100 lb
  • Threshold Planning Quantity (TPQ) 500 lb
There is no minimum release reporting threshold. Any amount of air, water, or toxic waste release of that TRI chemical must be reported on Form R if the company:
  • has a NAICS code found in Table 1 of the current EPA publication 260-R-10-001, Toxic Chemical Release Inventory Reporting Forms and Instructions, and
  • has 10 employees or more; and
  • manufactures, processes, or otherwise uses more than the triggering amount for that classification of a TRI chemical in one year.
10,000 lb
Chlorine
CAS #7782-50-5
  • RQ 10 lb
  • TPQ 100 lb
2,500 lb
Hydrogen Fluoride
CAS #7664-39-3
  • RQ 100 lb
  • TPQ 100 lb
1,000 lb
Toluene 2,4 Diisocyanate
CAS #584-84-9
  • RQ 100 lb
  • TPQ 500 lb
10,000 lb

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