Dec 82022

U.S. EPA Adds 12 Chemicals to Toxics Release Inventory

Rob Abrams, Marshall R. Morales and Samuel B. Boxerman
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On November 30, 2022, the U.S. Environmental Protection Agency (EPA) finalized a rule that adds 12 chemicals to the list of chemicals subject to Toxics Release Inventory (TRI) reporting requirements.[1] Facilities that are covered by TRI and meet reporting requirements for these chemicals will now be required to report to EPA on quantities of these chemicals that are released into the environment or otherwise managed as waste. The first reports on these chemicals will be due to EPA July 1, 2024, for calendar year 2023 data.

In 2014, the Toxics Use Reduction Institute submitted a petition under Section 313(e) of the Emergency Planning and Community Right-to-Know Act (EPCRA) requesting that EPA add 25 chemicals to the TRI. EPA evaluated the 25 chemicals to determine whether they met the TRI listing criteria of EPCRA Section 313(d)(2). In October 2021, EPA responded to the petition by proposing a rule to add 12 of the 25 chemicals to the TRI chemical list. The final rule was published on November 30, 2022, without any significant changes from the proposed rule. One of the chemicals was also designated as a persistent, bioaccumulative, and toxic chemical with a reduced 100-pound reporting threshold.[2] With regard to the remaining 13 chemicals covered by the petition, EPA has separately already named three to the TRI chemical list[3] and decided not to add remaining 10 due to insufficient toxicity information or because the chemical was no longer produced in the U.S.

[1] 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 (HHCB)*; 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

[2] 1,3,4,6,7,8-hexahydro-4,6,6,7,8,8-hexamethylcyclopenta [g]-2-benzopyran

[3] 1-bromopropane, nonylphenol, and 1,2,5,6,9,10-hexabromocyclododecane

This post is as of the posting date stated above. Sidley Austin LLP assumes no duty to update this post or post about any subsequent developments having a bearing on this post.

Rob Abrams

Marshall R. Morales

Samuel B. Boxerman

Washington, D.C.

sboxerman@sidley.com

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