Ask the Expert, Reporting

Should 9,500 Pounds of 1-Bromopropane Used at a Facility Be Included in the TRI Report?

Q. If a facility uses 9,500 pounds (lb) of 1-bromopropane for reporting year 2016, should it be included in the Toxics Release Inventory (TRI) report?
A. 1-bromopropane is on the list of chemicals required to be included in the 2016 Toxic Release Inventory (TRI) reports.  However, the facility described in the question would not be required to report 1-bromopropane because it does not exceed to 10,000-pound threshold for chemicals otherwise used.

1-bromopropane was added to the list of chemicals subject to inclusion on the TRI report effective November 30, 2015, and must be considered for the reporting year beginning January 1, 2016.  The TRI report for the reporting year beginning January 1, 2016 is due on July 1, 2017.

However, in order to be considered a “covered facility” under the TRI regulations (40 CFR 372.22), a facility must:

  • Have 10 or more full-time employees;
  • Be in a Standard Industrial Classification (SIC) or North American Industry Classification System (NAICS) code listed in 40 CFR 372.23 (a), (b), or (c); and
  • Manufacture (including import), process or otherwise use a listed toxic chemical in excess of an applicable threshold quantity of that chemical.

Without any information to the contrary, I assume your facility has more than 10 full-time employees, and is within one of the applicable SIC or NAICS codes.  The applicable threshold is found at 40 CFR 372.25, which states that the threshold amount for a chemical otherwise used at a facility is “10,000 pounds of the chemical used for the applicable calendar year.”  The question submitted indicates that your facility otherwise uses 9,500 pounds, which does not exceed the 10,000-pound threshold. Therefore, with respect to 1-bromopropane, your facility is not considered a covered facility under the Toxic Chemical Release Reporting regulations of 40 CFR 372, and is not required to submit a TRI report for 1-bromopropane.