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Please Note Proposed TRI changes!

Title: Message

Subject: TRI Announcements - September 21, 2005

On behalf of Mike Petruska, Toxics Release Inventory Division Director, U.S. EPA, I am forwarding the following information on recent TRI announcements.


The U.S. Environmental Protection Agency (EPA) recently announced two separate actions regarding its Toxics Release Inventory Program (TRI). The first is a Notice of Proposed Rulemaking (NPRM) entitled TRI Phase

II Burden Reduction Rule. The second is a public notice announcing

EPA's intent to initiate a rulemaking to modify the frequency of reporting under the TRI program. These actions as well as accompanying background materials can be found on EPA’s TRI Web site: www.epa.gov/tri . Both proposals appeared in the Federal Register on Tuesday October 4, 2005.

An important part of the regulatory process is receiving comments from individuals and organizations outside of EPA. It is very important that

we hear from you. EDOCKET, EPA’s electronic public docket and comment

system, is EPA’s preferred method for receiving comments. Follow the on-line instructions for submitting comments, in regards to the NPRM action, at this web site: http://www.epa.gov/edocket

We will be setting up special mechanisms for obtaining stakeholder feedback on the issue of frequency of reporting in the future, and will announce those mechanisms publicly. In the meantime, if you have suggestions, comments, or concerns in regards to the Notice to Congress and the general issue of altering the frequency of TRI reporting, please e-mail your comments to ustri@epa.gov

Finally, below is the full text from EPCRA Sec. 313(i) which outlines the procedures for altering TRI’s reporting frequency.

EPCRA Section 313 (i) states:

(i) Modifications in reporting frequency

(1) In general

The Administrator may modify the frequency of submitting a report under this section, but the Administrator may not modify the frequency to be any more often than annually. A modification may apply, either nationally or in a specific geographic area, to the following:

(A) All toxic chemical release forms required under this section.

(B) A class of toxic chemicals or a category of facilities.

(C) A specific toxic chemical.

(D) A specific facility.

(2) Requirements

A modification may be made under paragraph (1) only if the Administrator—

(A) makes a finding that the modification is consistent with the provisions of subsection (h) of this section, based on—

(i) experience from previously submitted toxic chemical release forms, and

(ii) determinations made under paragraph (3), and

(B) the finding is made by a rulemaking in accordance with section 553 of title 5.

(3) Determinations

The Administrator shall make the following determinations with respect to a proposed modification before making a modification under paragraph


(A) The extent to which information relating to the proposed modification provided on the toxic chemical release forms has been used by the Administrator or other agencies of the Federal Government, States, local governments, health professionals, and the public.

(B) The extent to which the information is

(i) readily available to potential users from other sources, such as State reporting programs, and

(ii) provided to the Administrator under another Federal law or through a State program.

(C) The extent to which the modification would impose additional and unreasonable burdens on facilities subject to the reporting requirements under this section.


Kevin Donovan


Office of Environmental Information