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.
Question | Tier II | Toxics Release Inventory (TRI) | Section 112(r) |
---|---|---|---|
Who administers this program? |
TCEQ Only |
TCEQ
and U.S. Environmental Protection Agency (EPA) |
EPA |
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:
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:
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 through STEERS. |
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 to submit TRI reporting forms (except for trade secret information ). |
Risk Management Plans should include:
Submit electronically through RMP*eSubmit . |
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 chemical" to determine which products may need to be reported. The Extremely Hazardous Substances (EHS) list shows only a portion of the reportable chemicals. | Yes, on the EPA’s TRI-Listed Chemicals site | Yes, the 112(r) list in 40 CFR §68.130 . |
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.
|
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. |
All quantities in the table below represent peak storage quantity at your facility. The Tier II column shows reporting thresholds and threshold planning quantities (TPQs) for each chemical listed.
Report | Tier II | TRI | Section 112(r) |
---|---|---|---|
Anhydrous Ammonia CAS #7664-41-7 |
Reporting threshold: 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 meets all of these criteria:
|
10,000 lb |
Chlorine CAS #7782-50-5 |
Reporting threshold: 100 lb |
2,500 lb | |
Hydrogen Fluoride CAS #7664-39-3 |
Reporting threshold: 100 lb |
1,000 lb | |
Toluene 2,4 Diisocyanate CAS #584-84-9 |
Reporting threshold: 500 lb |
10,000 lb |
Small Business and Local Government Assistance
TCEQ's Small Business and Local Government Assistance section offers free, confidential help to small businesses and local governments working to comply with state environmental regulations. Call us at (800) 447-2827 or visit our webpage at TexasEnviroHelp.org.
STEERS Help Desk
TCEQ’s STEERS Help Desk can help you solve technical problems with STEERS, such as regaining access to your STEERS account. Call them at (512) 239-6925 or email them at STEERS@tceq.texas.gov.