Congress reverses TRI Burden Reduction Rule

As a result of language inserted into a recent appropriations bill which was signed into law, Toxic Release Inventory (TRI) reporting requirements changed on March 11, reverting to the rules in effect prior to burden reduction measures implemented December 22, 2006. These changes affect TRI reports due July 1, 2009. EPA will issue a rule shortly revising the regulatory text in the Code of Federal Regulations to reflect these changes. TRI-ME software and other reporting assistance materials are being revised and will also be available soon.

Specifically, the change requires that all reports on persistent, bioaccumulative and toxic (PBT) chemicals be submitted on the longer, more detailed Form R. For all other chemicals, Form A may be used only if the annual reporting amount is 500 pounds or less and that the chemical was manufactured, processed or otherwise used in an amount not exceeding 1m pounds during the reporting year.

EPA also notes that “due to the timing of the legislation, facility owners and operators, including many small businesses, will not have as much time as usual to prepare TRI estimates, and, they may not have acquired or retained the relevant data from 2008. Owners or operators of facilities may use readily available data, or where such data are not available, reasonable estimates, of the amounts involved, in completing the Form R.”