[Code of Federal Regulations]
[Title 40, Volume 27]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR372.85]

[Page 498-500]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 372_TOXIC CHEMICAL RELEASE REPORTING: COMMUNITY RIGHT-TO-KNOW--Table 
of Contents
 
                    Subpart E_Forms and Instructions
 
Sec.  372.85  Toxic chemical release reporting form and instructions.


    (a) Availability of reporting form and instructions. The most 
current version of Form R may be found on the following EPA Program Web 
site, http://www.epa.gov/tri. Any subsequent changes to the Form R will 
be posted on this Web site. Submitters may also contact the TRI Program 
at (202) 564-9554 to obtain this information.
    (b) Form elements. Information elements reportable on EPA Form R or 
equivalent magnetic media format include the following:
    (1) An indication of whether the report:
    (i) Claims chemical identity as trade secret.
    (ii) Covers the entire facility or part of a facility.
    (2) Signature of a senior management official certifying the 
following: ``I hereby certify that I have reviewed the attached 
documents and, to the best of my knowledge and belief, the submitted 
information is true and complete and that amounts and values in

[[Page 499]]

this report are accurate based upon reasonable estimates using data 
available to the preparer of the report.''
    (3) Facility name and address including the toxic chemical release 
inventory facility identification number if known.
    (4) Name and telephone number for both a technical contact and a 
public contact.
    (5) The four-digit SIC code(s) for the facility or establishments in 
the facility.
    (6) Dun and Bradstreet identification number.
    (7) The name(s) of receiving stream(s) or water body to which the 
chemical is released.
    (8) Name of the facility's parent company and its Dun and Bradstreet 
identification number.
    (90) Name and CAS number (if applicable) of the chemical reported.
    (10) If the chemical identity is claimed trade secret, a generic 
name for the chemical.
    (11) A mixture component identity if the chemical identity is not 
known.
    (12) An indication of the activities and uses of the chemical at the 
facility.
    (13) An indication of the maximum amount of the chemical on site at 
any point in time during the reporting year.
    (14) Information on releases of the chemical to the environment as 
follows:
    (i) An estimate of total releases in pounds (except for dioxin and 
dioxin-like compounds, which shall be reported in grams) per year 
(releases of less than 1,000 pounds per year may be indicated in ranges, 
except for chemicals set forth in Sec.  372.28) from the facility plus 
an indication of the basis of estimate for the following:
    (A) Fugitive or non-point air emissions.
    (B) Stack or point air emissions.
    (C) Discharges to receiving streams or water bodies including an 
indication of the percent of releases due to stormwater.
    (D) Underground injection on site.
    (E) Releases to land on site.
    (ii) Report a distribution of the chemicals included in the dioxin 
and dioxin-like compounds category. Such distribution shall either 
represent the distribution of the total quantity of dioxin and dioxin-
like compounds released to all media from the facility; or its one best 
media-specific distribution.
    (15) Information on transfers of the chemical in wastes to off-site 
locations as follows:
    (i) For transfers to Publicly Owned Treatment Works (POTW):
    (A) The name and address (including county) of each POTW to which 
the chemical is transferred.
    (B) An estimate of the amount of the chemical transferred in pounds 
(except for dioxin and dioxin-like compounds, which shall be reported in 
grams) per year (transfers of less than 1,000 pounds per year may be 
indicated as a range, except for chemicals set forth in Sec.  372.28) 
and an indication of the basis of the estimate.
    (ii) For transfers to other off-site locations:
    (A) The name, address (including county), and EPA identification 
number (RCRA I.D. Number) of each off-site location, including an 
indication of whether the location is owned or controlled by the 
reporting facility or its parent company.
    (B) An estimate of the amount of the chemical in waste transferred 
in pounds (except for dioxin and dioxin-like compounds, which shall be 
reported in grams) per year (transfers of less than 1,000 pounds may be 
indicated in ranges, except for chemicals set forth in Sec.  372.28) to 
each off-site location, and an indication of the basis for the estimate 
and an indication of the type of treatment or disposal used.
    (16) The following information relative to waste treatment:
    (i) An indication of the general type of wastestream containing the 
reported chemical.
    (ii) The treatment method applied to the wastestream.
    (iii) An estimate of the efficiency of the treatment, which shall be 
indicated by a range.
    (iv) An indication (use is optional) of whether treatments listed 
are part of a treatment sequence.

[56 FR 29186, June 26, 1991, as amended at 64 FR 58753, Oct. 29, 1999; 
70 FR 39949, July 12, 2005]

[[Page 500]]


    Effective Date Note: At 71 FR 32477, June 6, 2006, Sec.  372.85 was 
amended by revising paragraph (b)(5), effective Aug. 7, 2006. For the 
convenience of the user, the revised text is set forth as follows:

Sec.  372.85  Toxic chemical release reporting form and instructions.

                                * * * * *

    (b) * * *
    (5) The four-digit SIC code(s) for the facility or establishments in 
the facility until the reporting year ending December 31, 2005, for 
which reporting forms are due July 1, 2006. Beginning with the reporting 
year ending December 31, 2006, for which reporting forms are due July 1, 
2007, and for each subsequent reporting year, the six-digit NAICS 
code(s) for the facility or establishments in the facility.