In lieu of submitting a TRI Form R, facilities are given the option of submitting a Form A provided that it is a non-PBT chemical, they do not exceed 500 pounds for the total annual reportable amount, and that the amounts manufactured, processed, or otherwise used of the chemical do not exceed one million pounds. When determining if a facility meets the one million pound alternate threshold and the 500 pound annual reporting amount, is the facility permitted to consider exemptions, such as the article or de minimis exemption, and exclude those quantities from their calculations?
A facility is permitted to take exemptions, if applicable, when determining whether the facility has met the one million pound alternate threshold. Additionally, a facility does not have to count exempted activities towards the annual reportable amount. The alternate threshold and annual reportable amount determinations for an individual chemical must be based upon a whole facility determination and account for all establishments within a facility; therefore, an individual activity may be exempt but the facility may exceed the alternate threshold or annual reportable amount at the facility level.