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6/24/2004

[EPA 40 CFR 372.18] 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 reportby 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. 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.

See the June 1 Reg-Of-The-Day to determine if your facility is subject to SARA 313 reporting.