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.