06.24.2009 EPA Reinstates Full Reporting Under TRI

A final rule published April 21, 2009, reinstates comprehensive toxic release inventory (TRI) reporting requirements under Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA).  TRI reports are annual forms recording the amount of toxic chemicals released into the environment from United States manufacturers.

In December 2006, the Bush Administration reduced TRI reporting requirements by promulgation of the TRI Burden Reduction Rule.  That rulemaking increased the reporting threshold for using the annual short form ("Form A") for non-persistent, bioaccumulative, toxic ("non-PBT") chemicals to 5,000 pounds and allowed use of Form A for the first time for PBT chemicals under limited circumstances.  Before the December 2006 rulemaking, the reporting thresholds were five hundred (50) pounds for most non-PBT chemicals.

The 2009 Omnibus Appropriations Act signed into law on March 11, 2009, reinstated the lower reporting thresholds.  Now, all reports on PBT chemicals must be submitted on the more detailed Form R report, not the Form A.  All other chemicals may continue to use the Form A, but only if the annual reporting amount is five hundred (500) pounds or less, and less than one million (1,000,000) pounds of the chemical was manufactured, processed, or otherwise used during the reporting year.

TRI reports for 2008 are due on July 1, 2009.  The new rules are effective for the 2009 Form R.