printreg,June,2004EPRCRA Section 313 - Form R: Penalties for not Submitting

printreg, June, 2004
EPRCRA Section 313 - Form R: Penalties for not Submitting


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From: Debra Jacobson(
djacobson@istc.illinois.edu)
Date: Mon, 28 Jun 2004 11:15:42
The reporting deadline is getting down to the wire (July 1 Form R is due to EPA). Below is a summary of what may happen if your facility is required to file a Form R report and they fail to do so.
Debra Jacobson

SARA 313 - Penalties for Late Reporting

Facilities subject to SARA Section 313 must calculate the amounts of listed toxic chemicals manufactured, processed or otherwise used. If the amounts are above the threshold level set by EPA, subject facilities must submit an annual report by July 1, to be included in the public Toxics Release Inventory (TRI). EPA reminded regulated facilities of the potential penalties for failure to report under SARA 313 in an Enforcement Alert (see http://www.epa.gov/compliance/resources/newsletters/civil/enfalert/epcra.pdf). Facilities that violate SARA reporting requirements as described in 40 CFR 372.18 are liable for penalties of up to $27,500 per day, per violation.

EPA is currently seeking and taking enforcement actions against facilities who failed to file or submitted their reports so late that they could not be included in the TRI. If you discover that your site should have reported in past years and did not, EPA expects you to submit late reports for those years. If a facility discovers potential violations in an audit and voluntarily discloses them, EPA has discretion to eliminate some of the potential penalties for noncompliance

PCRA Section 313 TRI Reportable Chemicals List: http://epa.gov/tri/chemical/RY2003ChemicalList.pdf

Form R Report Forms: http://epa.gov/tri/report/index.htm#forms

40 CFR 372.18: http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=057a5f04f4fb750a5a4a4ca99d31dfe3&tpl=/ecfrbrowse/Title40/40cfr372_main_02.tpl

EPA Voluntary Disclosure Policy: http://www.epa.gov/Compliance/incentives/auditing/auditpolicy.html


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