Since last year's Toxic Release Inventory (TRI) reporting season, there have been updates to the list of toxic chemicals that pose a threat to human health and the environment, and will need to be included in 2019 reporting year (RY 2019) due July 1, 2020.
On June 7, 2018 U.S. Environmental Protection Agency (EPA) finalized a rule adding a category of 13 specific nonylphenol ethoxylates (NPEs) for TRI reporting. NPEs are nonionic surfactants used in a variety of applications. EPA determined that NPEs meet the Emergency Planning and Community Right-to-Know Act (EPCRA) toxicity thresholds because the available data indicates that short-chain NPEs are toxic to aquatic organisms.
In addition, the TRI-MEweb for submission of TRI reports has new updates that enhance the user experience for RY 2019. Among the more than 30 items improved, some notable items include:
- New NPEs category available for RY19 reporting
- Users will see an Undeliverable Email notification on the TRI-Home page if CDX was unable to send them emails or if emails from CDX bounced
- Draft forms that have been marked for deletion will automatically be deleted on July 31 (users will be notified by email prior to deletion)
- POTW and off-site transfer locations without an EPA registry ID will not be imported, and will need to be re-entered
Updates for TRI RY 2020
On December 20, 2019, the National Defense Authorization Acts (NDAA) was signed into law. The NDAA added certain PFAS to the list of chemicals subject to TRI reporting year 2020. The NDAA establishes TRI manufacturing, processing, and otherwise use reporting thresholds of 100 pounds for each of the listed PFAS. This action is final and facilities need to begin tracking in 2020 for report due July 2021.
It's also important to note that on December 4, 2019, EPA opened an Advance Notice of Proposed Rulemaking (ANPRM) 60-day public comment period (due February 3) for potential rulemaking to add certain additional PFAS to the TRI Chemical list. Since the NDAA only addressed certain PFAS, there are additional PFAS that were not added by the NDAA. Therefore, EPA continues to ask for comments to collect general information on PFAS as it relates to TRI reporting, including reporting thresholds, categorization, and information on bioaccumulation potential and environmental persistence of these additional PFAS, to help determine if they meet the criteria for inclusion on the TRI list.
Comments on the proposed rule can be submitted on Regulations.gov to docket number EPA-HQ-TRI-2019-0375.
If you would like assistance on TRI reporting or further information on updates to the toxic chemicals list, please contact Trinity at (866) 830-0796.