When Congress passed the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA), it created several reporting requirements for facilities that handle toxic chemicals and products containing toxic chemicals. If a facility supplies or distributes such chemicals or products containing them, the facility may have to meet these requirements.
Both EPCRA Section 313 (which is codified at 42 U.S.C. 11023) and EPA regulation 40 CFR 372 require that certain manufacturers report annual releases to the environment of listed toxic chemicals and chemical categories. This is known as Toxics Release Inventory (TRI) reporting.
Because these manufacturers that submit TRI reports must know the toxic chemical composition of the products they use to be able to calculate releases accurately, EPA requires some suppliers of mixtures or trade name products containing one or more of the listed toxic chemicals under EPCRA Section 313 or 372.65 to notify their customers. This is called the supplier notification, as specified at 372.45. In addition to the supplier notification, several records must be kept by the supplier, per 372.10.
A facility is covered by the supplier notification requirements if it owns or operates a facility which meets all of the criteria listed below: