California Toxic Release Inventory Program (CalTRIP)

Facilities that manufacture, process or use toxic chemicals are required to annually report the amount of chemicals they release and dispose of to the United States Environmental Protection Agency (U.S. EPA).  Each California facility submitting data to the U.S. EPA TRI must also file a copy of its forms with the Department of Toxic Substances Control (DTSC).

NOTE: California facilities which manufacture, process or use more than 500 pounds per year of any of chemicals listed on the TRI Chemical List  must submit the more detailed Form R to DTSC even though Federal rules may allow them to submit the less detailed Form A to U.S. EPA.  California facilities which have no releases or other disposal and who manufacture, process or use 500 pounds or less per year of any of industrial chemicals listed on the TRI Chemical List may continue to submit the less detailed Form A

DTSC is working with U.S. EPA to establish a State TRI data exchange.  There are requirements which have to be met by DTSC before the State TRI data exchange can be implemented.  Once implemented, California facilities will have to submit a signed form to participate in the State TRI data exchange.  Then those facilities will have the option to submit their TRI reports directly to U.S. EPA via the Internet.  Facilities that do this will not have to submit copies of their TRI reports to DTSC.  This should reduce the burden imposed on California facilities from TRI reporting.  More information will be provided as this project progresses.

TRI data and information are made available in a number of ways to assist the widest range of users. TRI Explorer is a searchable online database which lets users quickly get information about releases and transfers and other waste management activities.  The annual Public Data Release contains fact sheets, trend information, and the State Data Files. The State Data Files are designed to minimize the amount of coding necessary to get release, transfer, waste management and other information on submissions for a specific reporting year.

The federal Emergency Planning and Community Right-to-Know Act (EPCRA), enacted in 1986, requires certain facilities to submit reports each year on the amounts of toxic chemicals they release into the environment, either routinely or as a result of accidents.  The federal Pollution Prevention Act of 1990 extended reporting requirements to waste management and source reduction activities.  The U.S. Environmental Protection Agency (U.S. EPA) implements these laws and compiles information it receives in the federal TRI.

TRI contains information on releases of over 650 chemicals and chemical categories from industries including manufacturing, metal and coal mining, electric utilities, and commercial hazardous waste treatment, among others.  EPCRA requires companies that manufacture, process or otherwise use specified toxic chemicals in amounts above reporting threshold levels to submit annual reports to U.S. EPA and to designated state officials.  Much more information regarding TRI is available on the U.S. EPA TRI website.

Recent changes to Federal TRI reporting requirements

U.S. EPA finalized a rule on December 18, 2006, in an effort to reduce the burden and streamline program operations of the federal TRI.  This rule increases, from 500 pounds to 5,000 pounds, the threshold that triggers the requirement for reporting of most toxic chemicals and would allow businesses to submit the short form (Form A) instead of the long form (Form R).

Under this rule reporting facilities are allowed to use Form A for non-PBT (Persistent, Bioaccumulative, and Toxic) chemicals, so long as releases or other disposal is not greater than 2,000 pounds as part of the total waste management limit for the chemical, which is not more than 5,000 pounds.   The Form A may be used for certain chemicals of greater concern (i.e., persistent, bioaccumulative, and toxic, or PBT, chemicals) when there are no releases or other disposal and no more than 500 pounds of other waste management (e.g., recycling or treatment).  NOTE: With the passage of Assembly Bill 833, these changes in the Federal TRI reporting requirements do not apply to California facilities.

California Assembly Bill 833

Assembly Bill (AB) 833 (chaptered 10/13/2007) established the California Toxic Release Inventory Program (CalTRIP) to collect information equivalent to the U.S. Environmental Protection Agency’s (U.S. EPA) Toxic Release Inventory (TRI) Program as that program existed on January 1, 2006.  CalTRIP will be implemented by the Department of Toxic Substances Control (DTSC).

This bill:

• Enacted the California Toxic Release Inventory Program Act of 2007.
• Requires DTSC to develop and implement by January 1, 2009, the California Toxic Release Inventory Program and requires facilities to submit a toxic chemical release form to the department if the facilities are not required to submit a toxic chemical release form containing specific information under existing federal regulations.
• Requires DTSC to collect information from businesses retroactively to the effective date of the changes to the federal Emergency Planning and Community Right-to-Know Act of 1986 (EPRCA).
• Provides DTSC with the authority to adopt regulations if deemed necessary for implementation of the Program.
• Prohibits DTSC from requiring facilities to submit a toxic chemical release form if a legal stay or injunction has been imposed by a federal court with respect to the provisions of the federal act.

DTSC is required to post on the Web a copy of each form received under the program, including retroactive filings.  DTSC is also required to evaluate certain specific existing reporting systems (SB 14, Toxic Hot Spots and NPDES system and waste discharge permits) and determine whether the data reported under those programs could be used to satisfy some of the Form R elements.  If the Department determines that data can be consolidated under different reporting programs, the department may prescribe an alternative reporting form.

DTSC must also:

• insure that any requirement imposed shall be no less stringent or not preempted by a federal requirement
• modify its requirements if the federal act is changed or threshold quantities are reduced or new chemicals are subject to the federal act.