Form R - Toxic Chemical Release Inventory Report
Due July 1 each year

1.   The facility has 10 or more full-time employees

2.   The facility is included in Standard Industrial Classification codes (SIC) 20 through 39

3.   The facility either manufactured or processed a material listed on the Section 313 Toxic Chemical List in excess of reporting thresholds.

Note:   Each year chemicals are added to and deleted from the Form R list.  Companies should re-evaluate reportable chemicals each year.  Some chemicals have proposed reporting levels as low as 1 pound per year.

There are not many reports that go directly to the US EPA, but the Form R report does.  It's important to submit this report on time to avoid penalties.  There is no fee for filing this report but there are large penalties for not filing or for filing late.

New Reporting Requirements

The EPA has added several Persistent, Bioaccumulative, and Toxic chemicals with reporting thresholds well below the previous reporting thresholds.  One of the most commonly used material that was on this list is lead.  Companies who used more than 100 lbs. of lead in a calendar year would need to report the use on Form R.

Common Errors in Reporting

The Form R requires reporting listed chemicals that are used in quantities exceeding thresholds.  When evaluating the materials used by your facility be sure to consider:

• “Non hazardous” materials such as solid metals that must be reported
• All uses of listed materials, even activities as “benign” as cutting copper wire can be considered processed, which would require reporting.
• Materials at the ingredient level:

  Often listed chemicals are an ingredient of a material used on site.  These ingredients need to be considered.  A common error is the lack of reporting of the chrome and nickel that are contained in stainless steel.  If you are processing stainless steel it is important that you calculate the amount of chrome and nickel within the stainless steel in order to determine whether you should report them. 

• Process Bi Products

  Another common error is not reporting chemical compounds that you have unknowingly manufactured.  Frequently, nitrate compounds that are generated as a result of the neutralization of nitric acid, ammonia, sodium nitrate or other nitrogenous chemicals using sodium hydroxide are unreported.  Although you may consider this simply neutralization, the EPA considers it manufacturing and the manufacturing of nitrate compounds is reportable above certain levels.  Each facility should check their hazardous waste streams to determine if other compounds are being “manufactured” that should be reported.

  Nickel compounds are also frequently unreported by nickel platers.  When nickel is put into solution, it creates nickel compounds.  Since the compounds weigh more than the nickel it is very possible to be under the limits for nickel but over the limits for nickel compounds.

For further information, assistance in evaluating your facilities reporting requirements or help preparing your Form R, contact our Northern or Southern California or fill out the form below.

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