If a facility has a chemical in storage but does not process or otherwise use it during the reporting year, is the owner/operator subject to reporting?
No. Storage, in itself, would not meet an activity threshold under EPCRA Section 313 (Note: the facility may have reporting requirements under other portions of EPCRA such as Sections 311 and 312). However, if the facility exceeds the manufacturing, processing, or otherwise use threshold for the same toxic chemical elsewhere at the facility, the facility must consider releases from the storage of the toxic chemical. The facility must also consider the amount of the Section 313 chemical in storage when calculating the maximum amount on-site during the year. Additional guidance on threshold determinations can be found in the Toxic Release Inventory Reporting Forms and Instructions and the TRI Guidance Documents Web site.