The Continuously Changing Landscape of TRI Reporting
Lyn Ip
August 16, 2024
One way the US Environmental Protection Agency (EPA) and companies are working together to improve the tracking and management of certain toxic chemicals is through Toxic Release Inventory (TRI) reporting. Under Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA), certain facilities must prepare and submit a TRI Report, also known as a Form R report, based on usage quantities of TRI-listed chemicals they use.
Since 1986, TRI reporting has tracked the release of certain toxic chemicals that may pose potential threats to human health and the environment in a central repository. Like other aspects of EPCRA, including Tier II reporting, TRI reporting makes information publicly available about the types and quantities of hazardous chemicals stored and used in facilities. Currently, the TRI toxic chemical list contains 794 individually listed chemicals (including 196 per- and polyfluoroalkyl substances (PFAS)) and 33 chemical groups.
The intent of making this information available is to improve the effectiveness and safety of emergency response activities in the event of a spill or chemical release, and to avoid catastrophes like the 1984 release of deadly methyl isocyanate (MIC) gas at a Union Carbide facility in Bhopal, India which resulted in thousands of deaths and hundreds of thousands of injuries and illnesses. With the growing scientific evidence, particularly over the last 10 years, on the impacts of chemicals like PFAS, phthalates, and bisphenol A (BPA), it is increasingly important to ensure that toxic chemical release information for hazardous chemicals is readily available.
TRI Reporting Applicability
The TRI reporting requirement typically applies to larger facilities involved in manufacturing, metal mining, electric power generation, chemical manufacturing and hazardous waste treatment. These facilities, whether private or federal, often manufacture, process, or otherwise use TRI-listed chemicals above threshold quantities, making it mandatory for them to complete the annual TRI reporting process. Given the nature of their operations, many such users of hazardous chemicals typically manage a large and often changing chemical inventories across multiple locations and, at times, different regulatory jurisdictions, making it critical for EHS professionals to stay abreast of updates released by the EPA1.The TRI reporting thresholds are typically 25,000 lbs for manufacturing or processing, or 10,000 lbs for a chemical that is otherwise used. However, some chemicals have much lower thresholds, including all PFAS on the TRI list, which have a reporting threshold of only 100 lbs, whether manufactured, processed, or otherwise used. Therefore, significantly lower quantities of these chemicals will trigger TRI reporting requirements—underscoring the need for establishments to ensure accurate tracking of inventory, throughput, and environmental releases.
Relevance of PFAS in TRI Reporting
With the growing evidence of the risks that PFAS pose to human health and the environment, and their persistence due to resistance to decomposition, the EPA is undertaking a “whole agency” response to the risks of PFAS. Recent actions include proposed rules to require the management of specific PFAS as hazardous waste, monitoring PFAS in drinking water systems and finalizing a significant new use rule2 preventing companies from starting or resuming the manufacture or processing of 329 PFAS that have not been made or used for many years without a complete EPA review and risk determination.The US Government is also addressing PFAS through the National Defense Authorization Act (NDAA), an annual bill that Congress uses to set guidelines for defense policy, as well as a range of issues managed by agencies outside of the Defense Department. Section 7321 of the NDAA for Fiscal Year 2020, signed into law on December 20, 2019, immediately added 160 specific PFAS to EPA’s list of TRI-reportable chemicals. The NDAA has continued to add new PFAS to the TRI list each year since 2020, with the most recent additions being the automatic addition of seven PFAS for Reporting Year 2024 (TRI reports due by July 1, 2025)3. Facilities in TRI-covered industry sectors should begin tracking and collecting manufacturing, processing, and usage data on these chemicals throughout 2024, for threshold determinations and potential inclusion on TRI reports submitted in 2025 if usage exceeds the 100-lb reporting threshold.
Takeaways
The list of TRI-reportable chemicals will continue to grow as the EPA adds not only PFAS but also other chemicals and chemical groups based on scientific research, the results of internal EPA reviews, and chemical petitions as they become available. For facilities with large chemical inventories and many chemical products with generic names, being able to quickly identify harmful chemicals and ingredients within their organization against regulatory lists such as TRI is often challenging and time-consuming.With the right Chemical Management software, EHS professionals will be in a better position to manage risks associated with their chemical portfolios and implement controls or replace them with less hazardous alternatives. Using Chemical Management software that not only maintains an up-to-date library of Safety Data Sheets (SDSs) but also extracts ingredient-level information and provides levels of concern against ever-changing regulatory requirements is integral to building a proactive, holistic and informed strategy for better decision-making. With ingredient-level details and the levels of concern, mature organizations can implement programs to remove the risks at the design stage or ensure that hazards in the workplace, supply chains, or the environment are mitigated.
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About the Author
Lyn Ip
VelocityEHS
Lyn Ip, Senior Solutions Strategist at VelocityEHS, brings extensive knowledge of product stewardship, supply chain and green chemistry to the VelocityEHS product team. She has over twenty-five years of experience working in and for multinational companies as well as investment banks. Lyn’s experience spans across the spectrum of ESG issues, from social impact and environment, health & safety to chemical management, supplemented with on the ground tactical auditing, assessment and evaluation of industrial facilities.
Prior to joining VelocityEHS, Lyn spent the last sixteen years in multinational apparel, footwear, outdoor gear companies. There, she led global sustainability programs in direct and outsourced supply chains, working extensively on sustainability projects and performance tracking such as waste management and chemical management program development and implementation, energy efficiency evaluations, sustainability KPI development and tracking, to drive efficiency and cost reduction. Lyn also provided environmental consultancy and due diligence support to major investment banks on M&A deals across Asia.
Lyn received a Bachelor of Science in Environmental Engineering from the University of Toronto, Canada and a Master of Science in Environmental Management from the University of Hong Kong. Lyn is a GRI Certified Sustainability Professional.
Prior to joining VelocityEHS, Lyn spent the last sixteen years in multinational apparel, footwear, outdoor gear companies. There, she led global sustainability programs in direct and outsourced supply chains, working extensively on sustainability projects and performance tracking such as waste management and chemical management program development and implementation, energy efficiency evaluations, sustainability KPI development and tracking, to drive efficiency and cost reduction. Lyn also provided environmental consultancy and due diligence support to major investment banks on M&A deals across Asia.
Lyn received a Bachelor of Science in Environmental Engineering from the University of Toronto, Canada and a Master of Science in Environmental Management from the University of Hong Kong. Lyn is a GRI Certified Sustainability Professional.