Wire Line

OCTOBER 2005  

Two More TRI Relief Initiatives


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There have been two more initiatives proposed by EPA to lessen the reporting burden of complying with Toxics Release Inventory (TRI). First, the Bush Administration wants to allow companies to file these reports only once every two years. This move would result in "significant burden reduction" for industry, and also would benefit citizens because federal and state taxpayer dollars would be redirected to improve the quality, clarity, usefulness and accessibility of TRI information products and services. EPA has notified Congress of its intent to initiate this rulemaking. This is the third and final phase of the Agency's current efforts to reduce burden and streamline program operations.

EPA and states would be able to use the saved resources from the non-reporting years to improve the TRI database and conduct additional analyses that would enhance the value of the data to the public. For example, EPA could enhance its TRI reporting software, TRI-Made Easy, thereby improving data quality and consistency; conduct analyses of data trends, sector or chemical specific patterns of waste management, innovations in pollution prevention, and risk implications of toxic chemical releases thereby making the TRI data more useful to citizens, communities, researchers and government agencies; and improve its web-based software to make the data more accessible and user friendly and to improve opportunities for Internet-based reporting.

EPA has also proposed to expand the use of Form A to allow more facilities to use the short form while retaining the full Form R reporting on over 99% of releases and other waste management activities.

EPA is proposing to allow certain TRI reporters to use the short TRI Form A instead of the longer TRI Form R, saving roughly 165,000 hours of burden each year. This proposal would provide regulatory relief to about 33% of TRI reporters, including small facilities that handle lead and have no releases, but must report because they meet threshold requirements. It would only apply to those facilities with zero release of certain persistent, bioaccumulative and toxic (PBT) chemicals (except for dioxin and dioxin compounds) to the environment. Under current law, facilities may not use Form A for PBT chemicals at all.

The proposal would also change the maximum annual reportable amount from less than 500 lbs. to less than 5,000 lbs. for non-PBT chemicals. Annual reportable amount is the amount of the chemical or chemical compound used for energy recovery, recycled, treated or released. Currently these facilities may use Form A only if they manage or release no more than 500 pounds of chemicals. One condition that remains unaffected by this proposal is that all facilities using Form A must meet a one million pound threshold for manufacturing, processing or other use of the chemical.

In July of this year, EPA finalized a rule that revised the TRI reporting forms to eliminate information not used, simplify reporting codes and improve the accuracy of facility identification and location data by using the data already available in EPA's information systems.

In 1986, Congress passed the Emergency Protection and Community Right-to-Know, or EPCRA. The law required companies to make public the amounts of poisons they release into the air, land and water. Every year since then, the EPA has published the TRI to disclose chemical-release information to the public.

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