Missed the TRI Reporting Deadline? Here’s What to Do Now

Oops, Missed the TRI Deadline? Here's Your Game Plan!

Did you miss the July 1st reporting deadline for your TRI Reporting? Are you realizing that the end of June is rushing towards you faster and faster?

We get it, and hear it ever year. So don't panic!

In this guide, we’ll walk you through the steps to take if you’ve missed the TRI deadline, how to assess your situation, and the immediate actions required to minimize fallout. Whether you’re a seasoned pro or a first-time reporter, this game plan is designed to help you navigate the murky waters of missed deadlines with as little stress as possible. So, let’s dive in and get you back on track!

Legal Jargon

First off, we're consultants, but we're not your consultant. So this is some advice, the same stuff we'd say if you gave us a call or were talking to us on a webinar. This isn't legal advice, and we're not advising you on your specific situation. Let's be crystal clear, if you miss the TRI Reporting deadline, you report wrong, or decide to just not do it, you can get in serious trouble. EPCRA violations can be extremely expensive, and lead to problematic disruptions in business operations.

We discuss how you can get ahead of this below, so keep reading, but remember, this stuff is serious, so dedicate time and resources to complying with this regulation every year, and do it well ahead of the reporting deadline.

Let's Talk TRI Real Quick

Every year, facilities required to report their toxic chemical releases must do so by July 1st in order to satisfy TRI Reporting regulations. If the deadline falls on a weekend, it shifts to the next working day.

And while this date might seem far off, just like the end of summer, but when you're busy with daily operations, it can sneak up on you quickly. We see it every year. Missing the deadline can lead to significant headaches, including hefty fines, legal scrutiny, and reputational damage.

If you find yourself on July 2nd (or later) with an unsubmitted report, all is not lost. You have options, though none are particularly pleasant, and each comes with its own set of challenges.

The short version? You're going to want to reach out to an environmental expert to guide you through the process.

Step 1: Assess Your Situation

Have You Reported in the Past?

If you've reported in the past and your business hasn't made any drastic operational changes, it's fairly safe to say you should be reporting this year too. Facilities that have previously reported are more likely to raise red flags if they miss a deadline compared to those that have never reported. Once you're "on the books," regulatory agencies know you exist and have handled toxic chemicals in the past, and they will expect a report this year too.

If you didn’t report last year, regulatory agencies are probably not expecting you to report this year either, so you likely haven't raised any red flags yet by missing the deadline. However, this doesn’t mean you should ignore your reporting obligations. Ensure you review your requirements carefully to determine if you need to report this year, and if so, take immediate action to comply.

Are You Sure You Need to Report?

If you’ve never reported, first ensure that you do have to report. Specific criteria determine who needs to report, and who's exempt. Document what you found out very carefully, especially if you determine that TRI reporting isn't required. This documentation can serve as crucial evidence in case of any future audits or inquiries, and we've seen this many times before!

Facilities have to report if they meet the following:

• TRI Covered Industries: Facilities classified under specific NAICS codes. Each business is assigned a NAICS code based on its industry, so ensure that your facility's code is included under TRI regulations as a first step. Many industries are required to report, but some are not!
• Employee Threshold: Facilities with 10 or more full-time employees or the equivalent in part-time employees need to report.
• Chemical Thresholds:
  • Manufacturing or Processing: Facilities that manufacture or process more than 25,000 pounds of any listed toxic chemical over the course of the calendar year need to report.
  • Otherwise Use: Facilities that otherwise use more than 10,000 pounds of any listed toxic chemical during the calendar year need to report.

Make sure to review the complete list of toxic chemicals and specific thresholds as provided by the EPA to confirm your reporting requirements. And if you're not sure how to do that, then you might not want to be tackling TRI on your own. Sure, that's biased coming from a consultant, but realistically if you aren't sure on the steps to report, then you probably should reach out to a qualified TRI consultant, like us at RMA, for guidance. A consultant can help determine your reporting history, assess if you exceed reporting thresholds, and guide you through the entire reporting process.

Step 2: Immediate Actions if You Missed the Deadline

Whether you’ve determined that you need to report for the first time, or you've reported in the past and missed the deadline this year, it's time to get to work. Missing the TRI deadline is serious, but taking quick action can help mitigate potential consequences.

Meaning, get moving fast and you can minimize damage!

Engage Legal Counsel

You may want to consult with environmental legal counsel (immediately) to minimize the risk of penalties and fines, which can be substantial when it comes to EPCRA violations. An experienced attorney can guide you through the legalities and help develop a strategy to address your missed deadline.

You might think this sounds overkill, but regulatory agencies take these matters seriously, and having expert legal advice can make a significant difference! Sometimes it's not' needed, sometimes it's an absolute necessity, regardless, keep this is the back of your mind!

Get to Work Immediately

Start preparing your data right away! Get a feel for the specifics, like your NAICS code, your staffing numbers, your materials, your processes, possibly even information on permits, plans, approvals, and waste information. All of this information is fair game when it comes to TRI Reporting.

While an environmental attorney can provide valuable legal guidance, they won't be able to prepare the report for you. Think of it like hiring a lawyer to talk with the IRS if your business didn’t file taxes — they handle the legal aspects, but they don't prepare your tax return (which the government still wants!).

Similarly, you'll need to take on the task of preparing your TRI report yourself, kind of like needing a CPA for your taxes. If you're not confident in your ability to handle the process, it’s wise to seek help from a qualified TRI consultant. Missing the deadline and then submitting an incorrect report can significantly worsen your situation.

With all kinds of materials to report and different types of reporting forms to decipher, now is probably not the time to go the DIY route. After all, TRI reporting takes time, and at this point, you don't have much to spare. Hiring an expert will cost you, but it's a worthwhile an investment in minimizing risk and protecting your business from further damage.

Options for Reporting

Okay, so you’ve consulted with professionals, prepared your report, and now you’re ready to take the next step: reporting. This stage can be complex, and choosing the right approach is crucial. This is guidance from your legal counsel and/or your consultant is needed! You'll likely have a couple of options to consider, each with its own set of advantages and potential pitfalls.

Submit When Ready

You could choose to submit the report as soon as it’s ready, regardless of the delay. This approach involves completing and filing your report as quickly as possible to show that you are taking immediate steps to comply with the requirements. Submission, even after the deadline, can demonstrate your proactive stance in addressing the oversight.

But lets be clear, you're submitting late. No different than paying your taxes a day late, or showing up at the DMV with a day expired license. It's past the deadline, so don't expect an easy path forward.

Keep in mind that once you've submitted, you're at risk of a red flag being raised. A late report can signify a lack of preparation, which can in turn lead to increased scrutiny, more eyes on your report, and additional questions. For those reasons, you may want to consider the next option, either as an alternative or in addition to submitting your report right away.

Self-Report Non-Compliance

You can also utilize the USEPA and/or State audit policies to self-report your non-compliance. Don't even think about doing either of these without taking to qualified legal counsel and/or hiring a consultant to be by your side.

These audit policies involve voluntarily disclosing your failure to meet the deadline to the authorities before they discover it on their own. Essentially, you’re saying, "Whoops, we messed up" but you’re also showing your commitment to rectifying the situation.

You'll likely need to present a plan of action for coming back into compliance, but you may be granted an extension on the deadline. If you want to pursue this option, it's best to get help from an environmental consultant.

The USEPA and/or states may offer incentives for facilities that self-report violations promptly, often reducing or even waiving fines if certain conditions are met. But, it's not a guarantee to talk to an expert!

Delay Reporting Until Next Year

This is not recommended!

Delaying might seem easier now, but it could lead to significant fines and penalties later when your past failure to report comes to light. Regulatory agencies have a long memory, and when they eventually discover your noncompliance, the consequences can be severe.

If it's your first time, you'll likely continue to fly under the radar since you're not "on the books" yet. However, next year you may face questions about why you didn't report the last time around. If you have reported in the past, this is a very unwise decision, as red flags are likely to be raised when you don't submit a report this year.

Delaying your report can also damage your facility's reputation and erode trust with regulatory bodies. It's better to face the issue head-on now rather than risk escalating the problem by putting it off!

Bottom Line: Plan Ahead

TRI Reporting can be complex, and it's a time-sensitive process that cannot be accurately completed at the last minute. If you've come here hoping for a miracle, I'm sorry, but there isn't one. 

To avoid the stress and potential penalties associated with missed deadlines, it’s crucial to start early.

Let me repeat that.

Start. Early.

And if you're in over your head, then seek qualified assistance from a TRI expert, so you don't have to worry about this stuff. Remember, proactive measures and timely reporting are always better than dealing with the repercussions of missed deadlines.

Tackle TRI Regulations with Confidence

Navigating the complexities of TRI regulations is crucial for any facility aiming for smooth and efficient operations. With RMA by your side, you can ensure compliance while enhancing effectiveness, saving both time and resources.

At RMA, our commitment to supporting you is unwavering. Whether you're tackling TRI reporting for the first time or optimizing your existing processes, our expert team is here to help you achieve your environmental compliance goals and streamline your operations.

Ready to take the next step? Drop us an email at info@rmagreen.com, reach out through our contact page, or call us at 888-RMA-0230. Let's work together to overcome your TRI reporting challenges and keep your business running smoothly.