On November 30, 2022, U.S.EPA finalized a rule adding 12 chemicals to the Toxic Release Inventory (TRI). The 12 chemicals are as follows:
- dibutyltin dichloride
- 1,3,4,6,7,8-Hexahydro-4,6,6,7,8,8-hexamethylcyclopenta[g]-2-benzopyran (HHCB)*
- nitrilotriacetic acid trisodium salt
- triglycidyl isocyanurate
- tris(2-chloroethyl) phosphate
- tris(1,3-dichloro-2-propyl) phosphate
- tris(dimethylphenol) phosphate
This new rule affects TRI-covered facilities that manufacture, process, or otherwise use any of these 12 chemicals at reportable quantities – i.e., 25,000 pounds of the chemical (with the exception of HHCB) manufactured or processed at the facility for the applicable calendar year, or 10,000 pounds of the chemical otherwise used at the facility for the applicable calendar year; *EPA’s new rule classifies HHCB as a persistent, bioaccumulative, and toxic chemical, and designates it as a chemical of special concern with a 100-pound reporting threshold.
Beginning with data for calendar year 2023, a covered facility that meets reporting requirements for any of the 12 chemicals must report on the quantities of these chemicals that the facility released or otherwise managed as waste. Reports are due to EPA July 1, 2024.
EPA is adding the 12 chemicals in response to a 2014 petition from the Toxics Use Reduction Institute (TURI) that requested EPA add 25 chemicals to the TRI. Three of the 25 chemicals (1-bromopropane, nonylphenol, and 1,2,5,6,9,10-hexabromocyclododecane) were added in separate, unrelated actions. EPA decided not to add nine of the remaining 10 due to insufficient toxicity information. The final chemical is no longer in production in the U.S.
If you have questions about the new TRI-listed chemicals or your facility’s TRI reporting requirements, reach out to your Vorys environmental attorney.