Toxics Release Inventory (TRI)

Program Update
March 2009
 Overview

• Regulatory Update
– Articles Exemption
– Mining
– Toxics Release Inventory Form A Eligibility Revisions Implementing
the 2009 Omnibus Appropriations Act

• Continuing Data Quality Efforts

• Program Enhancements

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 TRI Reporting Requirements &
the Articles Exemption

• TRI Program has announced an upcoming

clarification of the Articles exemption;
• This clarification will be accomplished by rulemaking;
• The rule will clarify the existing TRI policy on releases
from items in storage and the effect that these
releases have on the ability of a facility to claim the
Articles exemption.

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 TRI Reporting Requirements &
Metal Mining Facilities
• TRI Program is considering clarification and/or changes to how TRI
requirements apply to metal mining facilities;
• This may be accomplished through rulemaking.
• In Nov. 2008, the TRI Program individually conferred with a few
representatives of three stakeholders groups:
– Metal mining industry;
– Environmental and citizens’ advocacy groups;
– Technical consultants.

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 TRI Reporting Requirements &
Metal Mining Facilities
• Purpose of stakeholder communication:
– gauge the levels of interest in holding further discussions regarding the
issues such a rulemaking might cover,
– get a sense of the scope of issues each stakeholder group would want to
discuss.

• TRI Program will soon make the stakeholder communications

available to public;
• TRI Program is forming an EPA workgroup to explore the
concepts more fully & frame the issues.

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 TRI Form A Eligibility Revisions
Implementing the 2009 Omnibus
Appropriations Act

The 2009 Omnibus Appropriations Act:

• Signed into law on March 11, 2009

• Contained language removing the TRI Phase 2 Burden Reduction Rule

– (1) none of the funds made available by this or any other Act may, hereafter, be used
to implement the final rule promulgated by the Administrator of the Environmental
Protection Agency entitled `Toxics Release Inventory Burden Reduction Final Rule'
(71 Fed. Reg. 76932); and

– (2) the final rule described in paragraph (1) shall have no force or effect. The affected
regulatory text shall revert to what it was before the final rule described in paragraph
(1) became effective, until any future action taken by the Administrator

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 TRI Form A Eligibility Revisions

TRI Response:
• Promulgating a final rule restoring the Form A Thresholds to
what they were prior to December, 2006
• “Toxics Release Inventory Form A Eligibility Revisions
Implementing the 2009 Omnibus Appropriations Act”
• Expected to be Promulgated shortly.

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 TRI Form A Eligibility Revisions

What does this Act do?

• Non PBT Chemicals
– Sets threshold at an annual reportable amount (i.e. the sum of production-
related releases and other waste management) of the chemical under
500 lbs/yr and the amount manufactured, processed or otherwise used is
under 1,000,000 lbs.

• PBT Chemicals
– May not use Form A

• Section 8.8 is not included in the threshold calculation

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 TRI Form A Eligibility Revisions

What is the effect on the lawsuit?

• Not determined yet
• Anticipate a smooth path to resolving the complaint

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 TRI Form A Eligibility Revisions

What is the effect on TRI-ME/TRI-MEweb?

• Software has been held to accommodate changes in the forms,
reporting forms and instructions, and other changes
• TRI-ME and TRI-MEweb will block the use of Form A for PBT
• All pre-populated forms in TRI-MEweb will default to R
• Software will be released shortly.

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 Data Quality

• EPA continues to focus on data quality

• Last year, the Regions conducted data quality follow-
up with more than 800 facilities.
• Approximately 235 facilities (30%) submitted 500+
revisions/new submissions as a result of this effort.
• This year, the Regions expect to follow up with at
least 500 facilities, similar to last year.

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 Program Enhancements
• EPA is looking at ways to enhance the TRI program.
• We are early in the process and would like to hear you ideas.
• Enhancements may address:
– Outreach
– Data quality
– Enforcement
– Regulations

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