Toxics Release Inventory (TRI) reporting - New Jersey

Scope

TRI facilities are required to report releases of toxic chemicals into the air, water, and land. In addition, they must report off-site transfers (i.e., transfers of wastes for treatment or disposal at a separate facility). Facilities are also required to report pollution prevention activities and chemical reporting.

Regulatory citation

NJSA 13:1D — Pollution Prevention Act

Key definitions

• Import means causing the EPCRA Section 313chemical to be imported into the customs territory of the United States. If you order an EPCRA Section 313 chemical (or a mixture containing the chemical) from a foreign supplier, then you have imported the chemical when that shipment arrives at your facility directly from a source outside of the United States. By ordering the chemical, you have caused it to be imported, even though you may have used an import brokerage firm as an agent to obtain the EPCRA Section 313 chemical.
• Manufacture means to produce, prepare, compound, or import an EPCRA Section 313 chemical. The term manufacture also includes coincidental production of an EPCRA Section 313 chemical (e.g., as a byproduct or impurity) as a result of the manufacture, processing, otherwise use or disposal of another chemical or mixture of chemicals. In the case of coincidental production of an impurity (i.e., A TRI chemical that remains in the product that is distributed in commerce), the de minimis exemption applies. The de minimis exemption does not apply to byproducts (e.g., an EPCRA Section 313 chemical that is separated from a process stream and further processed or disposed of). Certain TRI chemicals may be manufactured as a result of wastewater treatment or other treatment processes. For example, neutralization of wastewater containing nitric acid can result in the coincidental manufacture of a nitrate compound (solution), reportable as a member of the nitrate compounds category.
• Otherwise Use means any use of an EPCRA Section313 chemical, including an EPCRA Section 313 chemical contained in a mixture or other trade name product or waste, that is not covered by the terms manufacture or process. Otherwise use of an EPCRAS ection 313 chemical does not include disposal, stabilization (without subsequent distribution in commerce), or treatment for destruction unless:
  1. The EPCRA Section 313 chemical that was disposed of, stabilized, or treated for destruction was received from off-site for the purposes of further waste management; Or
  2. The EPCRA Section 313 chemical that was disposed of, stabilized, or treated for destruction was manufactured as a result of waste management activities on materials received from off-site for the purposes of waste management activities. Relabeling or redistributing of the EPCRA Section 313 chemical where no repackaging of the EPCRA Section 313 chemical occurs does not constitute an otherwise use or processing of the EPCRA Section 313 chemical.
• Process means the preparation of a listed EPCRA Section 313 chemical, after its manufacture, for distribution in commerce. Processing is usually the incorporation of an EPCRA Section 313 chemical into a product. However, a facility may process an impurity that already exists in a raw material by distributing that impurity in commerce. Processing includes preparation of the EPCRA Section 313 chemicals in the same physical state or chemical form as that received by your facility, or preparation that produces a change in physical state or chemical form. The term also applies to the processing of a mixture or other trade name product that contains a listed EPCRA Section 313chemical as one component.

Summary of requirements

Determine if you must report your chemical manufacture, processing, or use to the Toxics Release Inventory program. If you are covered:

1. Submit the TRI Form R (or alternate Form A) for each TRI-listed chemical you manufacture, process, or otherwise use in quantities above the reporting thresholds. Use the TRI-MEweb reporting platform.
2. Submit the TRI form to the state in which your facility is located or to the appropriate tribe (if located in tribal lands), or the federal government.

New Jersey has additional requirements:

• Facilities that are required to submit a Toxics Release Inventory (TRI) reporting form R under Section 313 of the federal Emergency and Community Right to Know Act of 1986 (EPCRA) are covered under the New Jersey Pollution Prevention Act (N.J.S.A. 13:1D-35) and must follow its implementation schedule.