Are you subject to Toxic Release Inventory (TRI) reporting? Recent EPA rulemaking may impact the applicability or scope of the TRI reporting program for your facility. As of September 30, 2014, EPA incorporated a nonylphenol category into the list of toxic chemicals subject to the reporting requirements of Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) and Section 6607 of the Pollution Prevention Act (PPA). This ruling will apply to the 2015 TRI reporting cycle (for which reports are due July 1, 2016).
EPCRA Section 313(d) authorizes EPA to add chemicals to the TRI list if the chemical meets any of the listing criteria established by Section 313(d)(2). Recent toxicological studies indicate that numerous species of aquatic organisms are particularly sensitive to the presence of nonylphenol. Even very low concentrations of nonylphenol resulted in harmful effects to these species, indicating that this category of chemicals is highly toxic for aquatic life. Based on these studies, EPA determined that nonylphenol meets the ‘environmental effects criterion’ established under EPCRA Section 313(d)(2) and should be added to the TRI list. EPA defined the nonylphenol category to include the following non-persistent, bioaccumulative, and toxic (non-PBT) chemicals:
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Nonylphenol is most commonly used in the manufacturing of items such as detergents, emulsifiers, paints, personal care products, and certain plastics. Industries potentially affected by the ruling include, but are not limited to:
- Food manufacturing
- Wood product manufacturing
- Paper manufacturing
- Consumer products manufacturing
- Chemical manufacturing
- Petroleum and coal products manufacturing
- Machinery manufacturing
- Solvent recovery
Facilities are required to submit a TRI report to EPA each year if the facility manufactures or processes a TRI chemical in excess of 25,000 pounds per year, or otherwise uses a TRI chemical in excess of 10,000 pounds per year. If you think your facility may be subject to TRI reporting next year due to EPA’s recent addition of the nonylphenol category, or if you need to modify your TRI reporting strategy to include nonylphenol, please contact your local Trinity office to explore reporting requirements and possible exemptions. For more information on the ruling, please refer to the Federal Register.