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Is your head spinning with all the EPA rulemakings impacting the Toxics Release Inventory (TRI) regulations? Let’s take a closer look at those affecting 40 CFR 372 starting in reporting years (RYs) 2023 to 2025.

RY 2023 - Addition of 12 chemicals

A November 30, 2022, final rule added a dozen chemicals to the TRI chemical list. The rule was prompted by a petition from the Toxics Use Reduction Institute. Reporting on these chemicals is effective for RY 2023, so the first reports are due by July 1, 2024. EPA advises facilities to begin tracking their chemical activities in calendar year 2023:

Chemical:CAS number:
Dibutyltin dichloride683-18-1
1,3,4,6,7,8-Hexahydro-4,6,6,7,8,8-hexamethylcyclopenta[g]-2-benzopyran [see additional note below]1222-05-5
Nitrilotriacetic acid trisodium salt5064-31-3
Triglycidyl isocyanurate2451-62-9
Tris(2-chloroethyl) phosphate115-96-8
Tris(1,3-dichloro-2-propyl) phosphate13674-87-8
Tris(dimethylphenol) phosphate25155-23-1

The de minimis levels for the added chemicals are 1.0 percent, except for nitrilotriacetic acid trisodium salt (CAS number 5064-31-3), which is classified as a carcinogen due to an assessment by International Agency for Research on Cancer.

Facilities should also note that EPA classified one of the added chemicals — 1,3,4,6,7,8-hexahydro-4,6,6,7,8,8-hexamethylcyclopenta[g]-2-benzopyran (CAS number 1222-05-5) — as a persistent, bioaccumulative and toxic (PBT) chemical and designated it as a chemical of special concern for TRI purposes with a 100-pound reporting threshold.

RY 2023 – Addition of nine PFAS

In the June 23, 2023, Federal Register, EPA added nine, non-confidential per- and polyfluoroalkyl substances (PFAS) to the list of chemicals subject to TRI reporting. The rule kicks in starting with the RY 2023 reports due by July 1, 2024. Facilities begin tracking their activities involving these chemicals in calendar year 2023:

Chemical:CAS number:
Acetamide, N-[3-(dimethylamino)propyl]-, 2-[(?-?-perfluoro-C4-20-alkyl)thio] derivs2738952-61-7
Acetic acid, 2-[(?-?-perfluoro-C4-20-alkyl)thio] derivs., 2-hydroxypropyl esters2744262-09-5
Acetamide, N-(2-aminoethyl)-, 2-[(?-?-perfluoro-C4-20-alkyl)thio] derivs., polymers with N1,N1-dimethyl-1,3-propanediamine, epichlorohydrin and ethylenediamine, oxidized2742694-36-4
Alcohols, C8-16, ?-?-perfluoro, reaction products with 1,6-diisocyanatohexane, glycidol and stearyl alc.2728655-42-1
Ammonium perfluorobutanoate10495-86-0
Perfluorobutanoic acid375-22-4
Potassium heptafluorobutanoate2966-54-3
Sodium perfluorobutanoate2218-54-4
The final rule relates to the fiscal year 2020 National Defense Authorization Act (NDAA).

RY 2024 – Addition of DINP category

A July 14, 2023, final rule adds a diisononyl phthalate (DINP) category to the list of toxic chemicals subject to the TRI reporting requirements. As of January 1, 2024, facilities subject to 40 CFR 372 need to begin tracking their activities involving DINP. That means reporting on the DINP category is effective for RY 2024, and the first reports are due by July 1, 2025.

Anticipated for RY 2024 – Addition of more PFAS

EPA proposed a rule on December 5, 2022, to eliminate an exemption that had allowed facilities to avoid reporting data on certain PFAS when used in de minimis concentrations. The final rule reached the Office of Management and Budget (OMB) on August 7, 2023. The OMB typically takes 90 to 120 days to review and approve a rule for publication.

If EPA publishes the final rule in November or December 2023, the rule may take effect for RY 2024, with first reports due by July 1, 2025. In that case, facilities would start tracking their activities on January 1, 2024.

Note that the impacted PFAS already have a reporting threshold of 100 pounds, but, under the proposal, these PFAS would be chemicals of “special concern.” The change would:

  • Eliminate the use of the de minimis exemption,
  • Eliminate the option to use Form A,
  • Limit the use of range reporting for PFAS, and
  • Give EPA a more complete picture of the releases and waste management quantities for these PFAS.

In addition, EPA proposed to remove the availability of the de minimis exemption for purposes of the supplier notification requirements for all chemicals on the list of chemicals of special concern.

Anticipated for RY 2025 – Addition of more PFAS

EPA is working to add even more PFAS to the list of chemicals reportable under TRI. A rulemaking is tentatively slated for proposal in December 2023 with a final publication date set for November 2024. That means it may take effect for RY 2025, with first reports due by July 1, 2026. Facilities would start tracking activities on January 1, 2025.

Key to remember

Five rulemakings already impact or may impact the chemicals tracked and reported for the TRI program. If your facility has these chemicals, review the rulemakings carefully and be sure to begin tracking them on time, so that you can report them as required. Also, be sure to provide the required supplier notification to your customers that purchase your chemicals.