Frequent Questions

Counting toxic chemicals used by contractors

A company is contracted to operate equipment at an otherwise TRI-covered facility, but the contracted operations do not fall under a covered NAICS code.  Is the TRI-covered facility required to count the toxic chemicals used by the contracting company towards any applicable activity thresholds and release and waste management quantities? 

EPA defines a facility as “all buildings, equipment, structures, and other stationary items that are located on a single site or on contiguous or adjacent sites and that are owned or operated by the same person (or by any person that controls, is controlled by, or under common control with such person)” (40 CFR §372.3).   If a facility meets the TRI reporting criteria (i.e., covered NAICS code for the facility and it exceeds the employee and activity thresholds), then all activities taking place at the facility, even those activities associated with non-covered NAICS codes and/or performed by contractors, are subject to reporting requirements, unless otherwise exempt.

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