EPA considers the addition of 12 chemicals to the Toxic Release Inventory (TRI)

In the Spring 2022 agenda, the Environmental Protection Agency (EPA) noted the scheduled release of a final rule in November 2022, that would potentially add 12 chemicals to the Emergency Planning and Community Right-to-Know Act (EPCRA) section 313 list of toxic chemicals subject to reporting under the Toxic Release Inventory (TRI) program.

The 12 chemicals proposed for listing are:

• Dibutyltin dichloride
• 1,3-Dichloro-2-propanol
• Formamide
• 1,3,4,6,7,8-Hexahydro-4,6,6,7,8,8-hexamethylcyclopenta[g]-2- benzopyran
• N-Hydroxyethylethylenediamine
• Nitrilotriacetic acid trisodium salt
• p-(1,1,3,3-Tetramethylbutyl)phenol
• 1,2,3-Trichlorobenzene
• Triglycidyl isocyanurate
• Tris(2-chloroethyl) phosphate
• Tris(1,3-dichloro-2-propyl) phosphate
• Tris(dimethylphenol) phosphate

In separate, unrelated actions, three other chemicals (1-bromopropane, nonylphenol, and 1,2,5,6,9,10-hexabromocyclododecane) have already been added to the EPCRA section 313 chemical list.

Facilities that meet the following criteria may be directly impacted by the addition of these chemicals:

• They have 10 or more full-time equivalent employees;
• The facility is in a covered industry sector or is a federal facility;
• The facility has a listed chemical or chemical category;
• The listed chemical/category exceeded its manufacturing, processing, and/or otherwise use threshold in the preceding calendar year; and
• The listed chemical/category or activity is not exempted at §372.38.

Those meeting the above requirements are required to annually report how much of each TRI chemical they managed through recycling, energy recovery, treatment, and environmental releases during the previous calendar year. TRI reporting forms must be submitted to EPA and the appropriate State Emergency Response Commission (SERC) or Tribal Emergency Response Commission (TERC) by July 1 of each year.

The TRI program tracks the management of certain toxic chemicals released annually to air, water, and land, or otherwise pose a cancer or other chronic human health effects, significant adverse acute human health effects, or significant adverse environmental effects. Facilities are required to submit a copy of each reporting form (Form A or Form R) sent to the EPA to the state or tribe in which the facility is located. Most states utilize the EPA’s TRI-MEweb reporting platform, called TRI Data Exchange (TDX) to automatically submit this information. For non-TDX states and tribes, complete TRI forms must be printed from TRI-MEweb and mailed directly.

There are currently 775 individually listed TRI chemicals and 33 chemical categories. With the addition of these 12 chemicals, facilities must remain focused on their chemical management practices. The goal is not to burden the facility, but rather to empower citizens, through information, to hold companies and local governments accountable in terms of how toxic chemicals are managed.