Toxics Release Inventory (TRI) Update on Regulations and Programmatic Support Rebecca Moser TRI Regulatory Development Branch 2008 TRI National Training Conference February 12, 2008

2 Briefing Outline TRI Focus Areas TRI Focus Areas Regulations & Related Activities Regulations & Related Activities Assistance to Reporting Community Assistance to Reporting Community Data Quality & Analysis Data Quality & Analysis Supporting TRI Data Users Supporting TRI Data Users

3 Use of Toxic Chemical Information Information Dissemination, Outreach, & Communications Data Quality & Analysis & Product Development Data Collection & Exchange & Assistance to Reporting Community Regulations & Related Activities TRI Focus Areas

4 Regulations & Related Activities: Final Rule Expanding Form A Eligibility TRI final rule expanding eligibility for TRI’s Form A Certification Statement (71 FR 76932, Dec. 22, 2006) TRI final rule expanding eligibility for TRI’s Form A Certification Statement (71 FR 76932, Dec. 22, 2006) Non-PBTs: Non-PBTs: Total waste management must not exceed 5,000 lbs. (releases, recycling, energy recovery, & treatment for destruction) Total waste management must not exceed 5,000 lbs. (releases, recycling, energy recovery, & treatment for destruction) Total releases and other disposal must not exceed 2,000 lbs. Total releases and other disposal must not exceed 2,000 lbs. PBTs (except dioxin & dioxin-like compounds): PBTs (except dioxin & dioxin-like compounds): Zero total annual releases of the PBT chemical Zero total annual releases of the PBT chemical Other waste management must not exceed 500 lbs. Other waste management must not exceed 500 lbs. The rule became effective for reporting year (RY) 2006 (reports due July 1, 2007). The rule became effective for reporting year (RY) 2006 (reports due July 1, 2007).

5 Regulations & Related Activities: Final Rule Expanding Form A Eligibility TRI’s final rule expanding Form A eligibility has been challenged in court. TRI’s final rule expanding Form A eligibility has been challenged in court. Twelve states filed a complaint in U.S. District Court for the Southern District of New York on Nov. 28, Twelve states filed a complaint in U.S. District Court for the Southern District of New York on Nov. 28, The complaint asks the court to vacate the rule and to order EPA to reinstitute the rules in effect prior to Jan. 22, The complaint asks the court to vacate the rule and to order EPA to reinstitute the rules in effect prior to Jan. 22, EPA has filed its answer to the complaint. EPA has filed its answer to the complaint. The court will next set a briefing schedule. The court will next set a briefing schedule.

6 Regulations & Related Activities: Toxic Equivalency Final Rule May 10, 2007 – TRI Toxic Equivalency (TEQ) final rule expands reporting requirements for dioxin and dioxin-like compounds (72 FR 26544). May 10, 2007 – TRI Toxic Equivalency (TEQ) final rule expands reporting requirements for dioxin and dioxin-like compounds (72 FR 26544). TRI facilities will be required to report quantities of individual dioxin and dioxin-like compounds separately for each waste stream, beginning with RY 2008 (reports due July 1, 2009). TRI facilities will be required to report quantities of individual dioxin and dioxin-like compounds separately for each waste stream, beginning with RY 2008 (reports due July 1, 2009). EPA will then calculate and provide TEQ data to the public. EPA will then calculate and provide TEQ data to the public. EPA is now preparing its information systems to receive and process the detailed data. EPA is now preparing its information systems to receive and process the detailed data.

7 Regulations & Related Activities: Chemical Petitions Acetonitrile Acetonitrile Petition received from Innovene (previously BP Chemicals) to delist acetonitrile. Petition received from Innovene (previously BP Chemicals) to delist acetonitrile. Upcoming Notice of Data Availability (NODA) will make the hazard assessment and peer review charge available for public comment. Upcoming Notice of Data Availability (NODA) will make the hazard assessment and peer review charge available for public comment. After completion of the peer review, EPA will decide whether or not to grant the petition. After completion of the peer review, EPA will decide whether or not to grant the petition. Ethylene Glycol Monobutyl Ether (EGBE) Ethylene Glycol Monobutyl Ether (EGBE) Petition received from American Chemistry Council (Ethylene Glycol Ethers Panel) to remove EGBE from the glycol ethers category. Petition received from American Chemistry Council (Ethylene Glycol Ethers Panel) to remove EGBE from the glycol ethers category. EPA has initiated work on the petition review. EPA has initiated work on the petition review.

8 Regulations & Related Activities: North American Industry Classification System EPA expects to publish a proposed rule soon to implement OMB’s 2007 NAICS codes. EPA expects to publish a proposed rule soon to implement OMB’s 2007 NAICS codes. The proposed rule will also make several corrections to the list of covered NAICS codes published in the previous TRI rule that implemented the 2002 NAICS codes (71 FR 32464). The proposed rule will also make several corrections to the list of covered NAICS codes published in the previous TRI rule that implemented the 2002 NAICS codes (71 FR 32464). As proposed, regulated facilities will be required to identify their principal business activities using 2007 NAICS codes beginning with RY 2008 (reports due July 1, 2009). As proposed, regulated facilities will be required to identify their principal business activities using 2007 NAICS codes beginning with RY 2008 (reports due July 1, 2009). Crosswalk tables between 2007 and 2002 NAICS codes are available at Crosswalk tables between 2007 and 2002 NAICS codes are available at

9 Assistance to Reporting Community TRI Training Modules & Workshops TRI Training Modules & Workshops Online training modules will be available on the TRI Web site in March. Online training modules will be available on the TRI Web site in March. In-person and Web-based training workshops will be conducted in March through June. In-person and Web-based training workshops will be conducted in March through June. The Information Center (hotline) will be now be open from 9 am to 5 pm, Monday through Friday during the months of May, June, and July (rather than 10 am to 3 pm, Monday through Thursday). The Information Center (hotline) will be now be open from 9 am to 5 pm, Monday through Friday during the months of May, June, and July (rather than 10 am to 3 pm, Monday through Thursday). (800) ; Washington, D.C., area, (703) , or TDD (800) Technical Support is still available through the Central Data Exchange (CDX) Hotline. Technical Support is still available through the Central Data Exchange (CDX) Hotline. or (888)

10 Assistance to Reporting Community TRI’s Frequently Asked Questions (FAQ) Service – available through the TRI Home and Contact Us pages, TRI’s Frequently Asked Questions (FAQ) Service – available through the TRI Home and Contact Us pages, Frequent Questions Find an Answer Find an Answer Ask a Question My Stuff Help Ask a Question My Stuff Help Find an Answer Ask a Question My Stuff Help Topics Search Answers Search Tips Topics Search Answers Search Tips Search TipsSearch Tips 126 Answers Found Page: of 9 Summary 126 Answers Found Page: of 9 Summary 1Do I need to report to TRI? Do I need to report to TRI?Do I need to report to TRI? 2What is the Toxics Release Inventory? What is the Toxics Release Inventory?What is the Toxics Release Inventory? 3What TRI guidance documents are available to the public? What TRI guidance documents are available to the public?What TRI guidance documents are available to the public? 4What if I discover that I should have been reporting to TRI in previous years? What if I discover that I should have been reporting to TRI in previous years?What if I discover that I should have been reporting to TRI in previous years? 5How do I report to TRI? How do I report to TRI?How do I report to TRI?

11 Data Quality & Analysis The TRI Program implements a number of activities to ensure the high quality of TRI data: The TRI Program implements a number of activities to ensure the high quality of TRI data: TRI guidance documents and hotline support TRI guidance documents and hotline support TRI training modules and workshops TRI training modules and workshops Reporting Forms and Instructions Reporting Forms and Instructions TRI-ME and TRI-MEweb data quality checks and alerts TRI-ME and TRI-MEweb data quality checks and alerts Electronic Facility Data Profiles (FDPs) Electronic Facility Data Profiles (FDPs) Technical audits of selected submissions and follow-up with facilities as appropriate. Technical audits of selected submissions and follow-up with facilities as appropriate. In the coming months, TRI will broaden the data quality analyses it conducts throughout the year to ensure that any potential data quality or compliance issues are identified and resolved quickly. In the coming months, TRI will broaden the data quality analyses it conducts throughout the year to ensure that any potential data quality or compliance issues are identified and resolved quickly.

12 Data Quality & Analysis Industry Sector Analyses Purpose: Purpose: To characterize the types of data we expect to receive from a sector To characterize the types of data we expect to receive from a sector To enhance our ability to detect potential data quality issues To enhance our ability to detect potential data quality issues Consideration factors: Consideration factors: High total releases of all chemicals or PBT chemicals High total releases of all chemicals or PBT chemicals High toxicity-weighted total releases High toxicity-weighted total releases Interest from other offices or international partners Interest from other offices or international partners Complexity of the sector, availability of data, others Complexity of the sector, availability of data, others Analyses underway: Analyses underway: Electric generating facilities and petroleum refineries Electric generating facilities and petroleum refineries Potential future analyses: Potential future analyses: Cement, asphalt paving, steel works and blast furnaces, steel and iron foundries, and others. Cement, asphalt paving, steel works and blast furnaces, steel and iron foundries, and others.

13 Data Quality & Analysis Cross-Referencing TRI and other EPA data TRI and OECA have been comparing TRI data received on Hazardous Air Pollutant (HAP) releases with air permit data contained in OECA’s Air Facility System (AFS). TRI and OECA have been comparing TRI data received on Hazardous Air Pollutant (HAP) releases with air permit data contained in OECA’s Air Facility System (AFS). As a result, EPA has identified some Clean Air Act violations and assessed penalties in some cases. As a result, EPA has identified some Clean Air Act violations and assessed penalties in some cases. TRI is now initiating cross-referencing efforts with EPA’s water and solid waste programs. TRI is now initiating cross-referencing efforts with EPA’s water and solid waste programs. TRI and OECA are developing an automated cross-referencing tool to facilitate compliance assurance efforts. TRI and OECA are developing an automated cross-referencing tool to facilitate compliance assurance efforts.

14 Supporting TRI Data Users Many customers, both within and outside the Agency, use TRI data to conduct analyses. Many customers, both within and outside the Agency, use TRI data to conduct analyses. The TRI Program is now developing a process to track and disseminate the results of the analyses more effectively. The TRI Program is now developing a process to track and disseminate the results of the analyses more effectively. Over time, we hope that all TRI data users will be able to exchange ideas and analytical results more easily. Over time, we hope that all TRI data users will be able to exchange ideas and analytical results more easily. TRI is also involved in international discussions on Pollutant Release and Transfer Registers (PRTR) TRI is also involved in international discussions on Pollutant Release and Transfer Registers (PRTR) North American Commission for Environmental Cooperation (CEC) North American Commission for Environmental Cooperation (CEC) Organization for Economic Cooperation and Development (OECD) Organization for Economic Cooperation and Development (OECD)

15 Supporting TRI Data Users Our data and information needs continue to evolve... Our data and information needs continue to evolve... We’re interested in learning how we can best serve your needs as TRI data users. We’re interested in learning how we can best serve your needs as TRI data users. We invite you to participate in the National Dialogue on Access to Environmental Information. We invite you to participate in the National Dialogue on Access to Environmental Information. We look forward to receiving your input. We look forward to receiving your input.

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