Toxics Release Inventory (SARA Form R) Reporting

The air emission inventory and hazardous waste Internet web reporting product cannot be used for SARA Form R reporting. The following information supplies background on SARA and the federal and state reporting requirements.

The Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA), Title III, Section 313, also known as the Superfund Amendment and Reauthorization Act (SARA), requires owners and operators of specific types of industries to annually report their toxic chemicals to all environmental mediums (air, water, land, and off-site transfers.). This information is made available through a public database called the Toxics Release Inventory, or TRI. All federal facilities and federally owned facilities that are operated by federal agencies or contractors are required to report their toxic chemical releases under SARA 313. On October 29, 1999, the EPA promulgated a final rule lowering the thresholds for reporting under SARA Section 313 for certain persistent bioaccumulative toxic chemicals (64 FR 58666). On January 17, 2001, the EPA promulgated a final rule lowering the threshold for reporting lead and lead compounds under SARA Section 313.

The annual report required by regulation is a form produced by the EPA entitled “Form R.” A completed Form R must be submitted for each SARA Section 313 toxic chemical manufactured, processed, or otherwise used in excess of SARA Section 313 thresholds. The Form R contains sections for the facility identification, chemical identification, and release estimates for all environmental media. Starting with the 1995 reporting year, facilities with lower levels of reportable amounts that do not manufacture, process, or otherwise use more than 1 million pounds of the chemical can file a much shorter certification statement entitled "Form A". Form A certifies that the facility met the conditions required, but does not require reporting of any amounts of the toxic chemical released or otherwise managed as waste.

Each year, the EPA publishes new Form R and Form A instruction booklets containing updated versions of these forms. Forms for any calendar year must be submitted on or before July 1 of the following year. This deadline is subject to change if the EPA finds it necessary to do so.

The Wisconsin Statute that covers TRI is more inclusive than EPA in who must report. In Wisconsin, all public agencies and private agencies, regardless of SIC code, that meet the other TRI reporting criteria must file Form R or Form A with the state (Wis. Stat. 166.20(5)4.b.)

DNR collects and keeps paper copies of all Form Rs and Form As submitted to EPA. DNR also collects Form R's and Form A's submitted by those Wisconsin public or private agencies that are not required to report to EPA because they do not fall under a covered SIC code.

The Wisconsin Toxic Release Inventory (TRI) program was greatly reduced in DNR due to budget reductions. As a result DNR no longer maintains an electronic database for TRI. If you would like to look up facility information, please go to the EPA's TRI website (exit DNR).

However, DNR is still required by state statute to carry out certain TRI activities, including collecting and keeping copies of all Form R's and Form A's.

A copy of the completed Form R or Form A should be sent to:

Dreux Watermolen SS/GEF 3
125 S. Webster Street, PO Box 7924
Madison, WI 53707-7924
608-266-8931