While conducting a plant-wide chemical inventory audit at a client facility, I observed some chemicals that, through years of experience, I knew were on the Section 313 Form R chemical list. The chemicals were flagged by the Emergency Planning and Community Right-to-Know Act (EPCRA), meaning they must be reported annually on the Form R report. I asked the client if his company had been filing Form R reports. His reply was similar to one I have heard many times after posing this question, “What is a Form R report and do I have to file this Environmental Protection Agency (EPA) report?”

Form R is a provision under Section 313 of the EPCRA legislation. It stipulates that designated facilities must voluntarily report the use of certain hazardous chemicals to the EPA annually on July 1st. This information is subsequently compiled and made available to the public. The Form R report is not intended to impose restrictions on which chemicals can be stored, used, released, discarded or transferred at a facility. Rather, it is meant to give the public information about the actual or potential release of hazardous chemicals in and around their neighborhood.

What Initiated the Form R report?
EPCRA was ratified in 1986 in response to two highly publicized industrial accidents. In 1984, at Union Carbide’s Bhopal, India industrial accident at a pesticide plant caused thousands of immediate fatalities and between 150,000 to 600,000 injuries. This disaster, which numerous experts have deemed to be one of the worst non-nuclear industrial accidents in recent history, was initiated by the release of methyl isocyanate. According to a 2005 investigation broadcast by the BBC, Bhopal is still highly contaminated and remains a perilous area for residents. In fact, some areas reportedly remain so heavily polluted that an individual who lingers in a highly contaminated area for more than 10 minutes is likely to lose consciousness.

Another accident occurred at Union Carbide’s Institute facility in West Virginia in 1985. While this accident did not result in fatalities, its similarities to Bhopal led to a stark realization that industrial accidents could happen in the United States.

One year after the incident in West Virginia, Congress passed EPCRA. This act established standards intended to increase security and planning in plants, as well as awareness and safety among the general public. The stipulations in the act include the public’s right-to-know when a hazardous chemical has been released, the facility’s need for an emergency plan in the case of a release and the public’s right-to-know where hazardous chemicals are being released to the environment.

Does Form R Reporting Affect You?
Form R reporting is of particular relevance to the industrial coating industry because many organic solvents are on the Form R reporting list. Furthermore, coating industry members need to be cautious when switching to a new product line or vendor. While one vendor’s products may not contain Form R chemicals, another vendor’s products may. Businesses in the coating industry must remain vigilant any time a product change is made.

Completing and submitting Form R reports accurately is a time-consuming process, especially for small businesses. With regard to first time filers, the Office of Management and Budget estimate each persistent bioaccumulative toxic chemical (PBT) will take 56 hours to evaluate. On the other hand, each non-PBT will take an estimated 30 hours to evaluate.

Gathering the data required to be on the Form R report is time-consuming because the EPA expects specific and detailed chemical usage information, including a facility’s chemical disposal methods. As an example, if a facility is disposing of a chemical by sending it to a landfill, the EPA will expect the facility to report information about when it was removed, the location of the landfill, how much was sent to the landfill and any treatment performed on the chemical before removing it from the facility.

Any facility using Form R and not reporting chemicals should act immediately. The consequences for not reporting can range from a letter announcing the plant is on notice to a stiff monetary fine. In fact, the EPA can fine facilities $27,500 per day/per chemical. I have personally worked with a company that had five facilities and roughly 150 employees, per facility. After failing to report for three years, the facility was found to be non-compliant and incurred a fine of $375,000.

What Actions Should a Facility Take If It Has Not Been Filing Form R Reports?
Facility operators who have not been filing Form R reports should contact legal counsel immediately. Then, they must get to work on filing the report as quickly as possible. Facility operators can take on this task by comparing current Material Safety Data Sheets (MSDS) and the chemicals on these MSDS to the list of more than 650 hazardous chemicals, along with their associated Chemical Abstract Service (CAS) numbers, located at www.epa.gov/tri. Any listed chemical being used above the threshold must be reported on the form, which can be found at the same Web site.

Outside experts can be hired to provide guidance and assistance regarding Form R reports. These experts are able to centralize the data from MSDS into a computerized chemical inventory of the plant. A chemical inventory allows employees to quickly and easily compare CAS numbers and chemical compound names to the regulated chemicals list. Outside vendors are also helpful because they understand further EPA regulations, which enable them to investigate whether a facility is complying with the myriad of chemical driven regulations.

Further Suggestions Regarding Form R Reporting
According to the 2005 version of the Toxic Chemical Release Inventory (which can be viewed at www.epa.gov/tri), reports must be filed by facilities that meet all of the following criteria:

• The facility has 10 or more full-time employees
• The facility is included in certain Standard Industrial Classification (SIC) codes
• The facility manufactures more than 25,000 lb/year, processes more than 25,000 lb/year or otherwise uses more than 10,000 lb/year of any marked chemical.

After submitting Form R reports, a facility should expect to receive a confirmation letter from the EPA in 60-120 days. If the confirmation notice is correct, then facility is done for that reporting year. If there is a mistake, the facility must correct the items mentioned and return the submission.

Filing Form Rs promptly and accurately is beneficial to plant owners, plant employees and concerned members of the public. Although the form is time-consuming, completing and submitting it in a timely fashion will reduce the plant owner’s risks of incurring a fine, plant employee’s risks of encountering hazardous chemicals unknowingly and the public’s risks of living in the vicinity of hazardous chemicals with no way to access information about them. If you have not been filing Form Rs, you should start doing so immediately.