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Toxics Release Toxics Release Inventory (TRI) Inventory (TRI) Update on Regulations and Update on Regulations and Programmatic Support Programmatic Support Rebecca Moser Rebecca Moser TRI Regulatory Development Branch TRI Regulatory Development Branch 2008 TRI National Training 2008 TRI National Training Conference Conference February 12, 2008 February 12, 2008

Toxics Release Inventory (TRI) Update on Regulations and Programmatic Support Rebecca Moser TRI Regulatory Development Branch 2008 TRI National Training

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Page 1: Toxics Release Inventory (TRI) Update on Regulations and Programmatic Support Rebecca Moser TRI Regulatory Development Branch 2008 TRI National Training

Toxics Release Toxics Release Inventory (TRI)Inventory (TRI)

Update on Regulations and Update on Regulations and Programmatic SupportProgrammatic Support

Rebecca MoserRebecca MoserTRI Regulatory Development TRI Regulatory Development

BranchBranch2008 TRI National Training 2008 TRI National Training

ConferenceConferenceFebruary 12, 2008February 12, 2008

Page 2: Toxics Release Inventory (TRI) Update on Regulations and Programmatic Support Rebecca Moser TRI Regulatory Development Branch 2008 TRI National Training

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Briefing OutlineBriefing Outline TRI Focus Areas TRI Focus Areas

Regulations & Related ActivitiesRegulations & Related Activities

Assistance to Reporting CommunityAssistance to Reporting Community

Data Quality & AnalysisData Quality & Analysis

Supporting TRI Data UsersSupporting TRI Data Users

Page 3: Toxics Release Inventory (TRI) Update on Regulations and Programmatic Support Rebecca Moser TRI Regulatory Development Branch 2008 TRI National Training

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Use of

Toxic Chemical

Information

Information Dissemination, Outreach, & Communications

Data Quality & Analysis & Product Development

Data Collection & Exchange & Assistance to Reporting Community

Regulations & Related Activities

TRI Focus AreasTRI Focus Areas

Page 4: Toxics Release Inventory (TRI) Update on Regulations and Programmatic Support Rebecca Moser TRI Regulatory Development Branch 2008 TRI National Training

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Regulations & Related Regulations & Related Activities: Activities: Final Rule Final Rule

Expanding Form A EligibilityExpanding Form A Eligibility TRI final rule expanding eligibility for TRI’s TRI final rule expanding eligibility for TRI’s

Form A Certification Statement (71 FR 76932, Form A Certification Statement (71 FR 76932, Dec. 22, 2006)Dec. 22, 2006) Non-PBTsNon-PBTs: :

Total waste management must not exceed 5,000 lbs. Total waste management must not exceed 5,000 lbs. (releases, recycling, energy recovery, & treatment for (releases, recycling, energy recovery, & treatment for destruction)destruction)

Total releases and other disposal must not exceed 2,000 lbs. Total releases and other disposal must not exceed 2,000 lbs. PBTsPBTs (except dioxin & dioxin-like compounds): (except dioxin & dioxin-like compounds):

ZeroZero total annual releases of the PBT chemical total annual releases of the PBT chemical Other waste management must not exceed 500 lbs. Other waste management must not exceed 500 lbs.

The rule became effective for reporting year The rule became effective for reporting year (RY) 2006 (reports due July 1, 2007).(RY) 2006 (reports due July 1, 2007).

Page 5: Toxics Release Inventory (TRI) Update on Regulations and Programmatic Support Rebecca Moser TRI Regulatory Development Branch 2008 TRI National Training

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Regulations & Related Regulations & Related Activities: Activities: Final Rule Expanding Final Rule Expanding

Form A EligibilityForm A Eligibility TRI’s final rule expanding Form A TRI’s final rule expanding Form A

eligibility has been challenged in court.eligibility has been challenged in court. Twelve states filed a complaint in U.S. Twelve states filed a complaint in U.S.

District Court for the Southern District of District Court for the Southern District of New York on Nov. 28, 2007.New York on Nov. 28, 2007.

The complaint asks the court to vacate the The complaint asks the court to vacate the rule and to order EPA to reinstitute the rule and to order EPA to reinstitute the rules in effect prior to Jan. 22, 2007. rules in effect prior to Jan. 22, 2007.

EPA has filed its answer to the complaint. EPA has filed its answer to the complaint. The court will next set a briefing The court will next set a briefing

schedule. schedule.

Page 6: Toxics Release Inventory (TRI) Update on Regulations and Programmatic Support Rebecca Moser TRI Regulatory Development Branch 2008 TRI National Training

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Regulations & Related Regulations & Related Activities: Activities: Toxic Equivalency Toxic Equivalency

Final RuleFinal Rule May 10, 2007 – TRI Toxic Equivalency (TEQ) May 10, 2007 – TRI Toxic Equivalency (TEQ)

final rule expands reporting requirements for final rule expands reporting requirements for dioxin and dioxin-like compounds (72 FR dioxin and dioxin-like compounds (72 FR 26544).26544).

TRI facilities will be required to report TRI facilities will be required to report quantities of individual dioxin and dioxin-like quantities of individual dioxin and dioxin-like compoundscompounds separately for each waste stream, separately for each waste stream, beginning with RY 2008 (reports due July 1, beginning with RY 2008 (reports due July 1, 2009). 2009).

EPA will then calculate and provide TEQ EPA will then calculate and provide TEQ data to the public. data to the public.

EPA is now preparing its information EPA is now preparing its information systems to receive and process the systems to receive and process the detailed data. detailed data.

Page 7: Toxics Release Inventory (TRI) Update on Regulations and Programmatic Support Rebecca Moser TRI Regulatory Development Branch 2008 TRI National Training

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Regulations & Related Regulations & Related Activities: Activities: Chemical PetitionsChemical Petitions

AcetonitrileAcetonitrile Petition received from Innovene (previously BP Petition received from Innovene (previously BP

Chemicals) to delist acetonitrile.Chemicals) to delist acetonitrile. Upcoming Notice of Data Availability (NODA) Upcoming Notice of Data Availability (NODA)

will make the hazard assessment and peer will make the hazard assessment and peer review charge available for public comment. review charge available for public comment.

After completion of the peer review, EPA will After completion of the peer review, EPA will decide whether or not to grant the decide whether or not to grant the petition.petition.

Ethylene Glycol Monobutyl Ether (EGBE)Ethylene Glycol Monobutyl Ether (EGBE) Petition received from American Chemistry Petition received from American Chemistry

Council (Ethylene Glycol Ethers Panel) to Council (Ethylene Glycol Ethers Panel) to remove EGBE from the glycol ethers category.remove EGBE from the glycol ethers category.

EPA has initiated work on the petition review.EPA has initiated work on the petition review.

Page 8: Toxics Release Inventory (TRI) Update on Regulations and Programmatic Support Rebecca Moser TRI Regulatory Development Branch 2008 TRI National Training

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Regulations & Related Regulations & Related Activities: Activities:

North American Industry North American Industry Classification SystemClassification System EPA expects to publish a proposed rule soon to EPA expects to publish a proposed rule soon to

implement OMB’s 2007 NAICS codes.implement OMB’s 2007 NAICS codes. The proposed rule will also make several corrections The proposed rule will also make several corrections

to the list of covered NAICS codes published in the to the list of covered NAICS codes published in the previous TRI rule that implemented the 2002 NAICS previous TRI rule that implemented the 2002 NAICS codes (71 FR 32464). codes (71 FR 32464).

As proposed, regulated facilities will be required to As proposed, regulated facilities will be required to identify their principal business activities using identify their principal business activities using 2007 NAICS codes beginning with RY 2008 (reports 2007 NAICS codes beginning with RY 2008 (reports due July 1, 2009).due July 1, 2009).

Crosswalk tables between 2007 and 2002 NAICS Crosswalk tables between 2007 and 2002 NAICS codes are available at codes are available at http://www.census.gov/epcd/www/naics.htmlhttp://www.census.gov/epcd/www/naics.html..

Page 9: Toxics Release Inventory (TRI) Update on Regulations and Programmatic Support Rebecca Moser TRI Regulatory Development Branch 2008 TRI National Training

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Assistance to Reporting Assistance to Reporting CommunityCommunity

TRI Training Modules & Workshops TRI Training Modules & Workshops Online training modules will be available on the TRI Web Online training modules will be available on the TRI Web

site in March. site in March. In-person and Web-based training workshops will be In-person and Web-based training workshops will be

conducted in March through June. conducted in March through June.

The Information Center (hotline) will be now be The Information Center (hotline) will be now be open from 9 am to 5 pm, Monday through open from 9 am to 5 pm, Monday through Friday during the months of May, June, and July Friday during the months of May, June, and July (rather than 10 am to 3 pm, Monday through (rather than 10 am to 3 pm, Monday through Thursday). Thursday). (800) 424-9346; Washington, D.C., area, (703) (800) 424-9346; Washington, D.C., area, (703) 412-9810, or TDD (800) 553-7672412-9810, or TDD (800) 553-7672

Technical Support is still available through the Technical Support is still available through the Central Data Exchange (CDX) Hotline.Central Data Exchange (CDX) [email protected]@csc.com or (888) 890-1995 or (888) 890-1995

Page 10: Toxics Release Inventory (TRI) Update on Regulations and Programmatic Support Rebecca Moser TRI Regulatory Development Branch 2008 TRI National Training

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Assistance to Reporting Assistance to Reporting CommunityCommunity

TRI’s Frequently Asked Questions (FAQ) TRI’s Frequently Asked Questions (FAQ) Service – available through the TRI Home Service – available through the TRI Home and Contact Us pages, and Contact Us pages, http://www.epa.gov/trihttp://www.epa.gov/tri

Example:Example:

Frequent QuestionsFrequent Questions

Find an Answer Find an Answer      Ask a QuestionAsk a Question      My Stuff  My Stuff HelpHelp TopicsTopics          Search AnswersSearch Answers    Search TipsSearch Tips                126 Answers Found126 Answers Found          Page: Page:   of 9 of 9       SummarySummary    11Do I need to report to TRI?Do I need to report to TRI?22What is the Toxics Release Inventory?What is the Toxics Release Inventory?33What TRI guidance documents are available to the public?What TRI guidance documents are available to the public?44What if I discover that I should have been reporting to TRI in previous years?What if I discover that I should have been reporting to TRI in previous years?55How do I report to TRI?How do I report to TRI? . . . . . . . .. . . . . . . .

Page 11: Toxics Release Inventory (TRI) Update on Regulations and Programmatic Support Rebecca Moser TRI Regulatory Development Branch 2008 TRI National Training

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Data Quality & AnalysisData Quality & Analysis The TRI Program implements a number of activities The TRI Program implements a number of activities

to ensure the high quality of TRI data: to ensure the high quality of TRI data: TRI guidance documents and hotline supportTRI guidance documents and hotline support TRI training modules and workshopsTRI training modules and workshops Reporting Forms and InstructionsReporting Forms and Instructions TRI-ME and TRI-MEweb data quality checks and alertsTRI-ME and TRI-MEweb data quality checks and alerts Electronic Facility Data Profiles (FDPs)Electronic Facility Data Profiles (FDPs) Technical audits of selected submissions and follow-up with Technical audits of selected submissions and follow-up with

facilities as appropriate. facilities as appropriate.

In the coming months, TRI will broaden the data In the coming months, TRI will broaden the data quality analyses it conducts throughout the year to quality analyses it conducts throughout the year to ensure that any potential data quality or compliance ensure that any potential data quality or compliance issues are identified and resolved quickly. issues are identified and resolved quickly.

Page 12: Toxics Release Inventory (TRI) Update on Regulations and Programmatic Support Rebecca Moser TRI Regulatory Development Branch 2008 TRI National Training

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Data Quality & AnalysisData Quality & AnalysisIndustry Sector AnalysesIndustry Sector Analyses Purpose: Purpose:

To characterize the types of data we expect to receive from a To characterize the types of data we expect to receive from a sector sector

To enhance our ability to detect potential data quality issuesTo enhance our ability to detect potential data quality issues Consideration factors:Consideration factors:

High total releases of all chemicals or PBT chemicalsHigh total releases of all chemicals or PBT chemicals High toxicity-weighted total releases High toxicity-weighted total releases Interest from other offices or international partnersInterest from other offices or international partners Complexity of the sector, availability of data, othersComplexity of the sector, availability of data, others

Analyses underway: Analyses underway: Electric generating facilities and petroleum refineries Electric generating facilities and petroleum refineries

Potential future analyses: Potential future analyses: Cement, asphalt paving, steel works and blast furnaces, Cement, asphalt paving, steel works and blast furnaces,

steel and iron foundries, and others.steel and iron foundries, and others.

Page 13: Toxics Release Inventory (TRI) Update on Regulations and Programmatic Support Rebecca Moser TRI Regulatory Development Branch 2008 TRI National Training

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Data Quality & AnalysisData Quality & Analysis

Cross-Referencing TRI and other EPA dataCross-Referencing TRI and other EPA data TRI and OECA have been comparing TRI data TRI and OECA have been comparing TRI data

received on Hazardous Air Pollutant received on Hazardous Air Pollutant (HAP) releases with air (HAP) releases with air permit data contained in OECA’s Air permit data contained in OECA’s Air Facility System (AFS).Facility System (AFS).

As a result, EPA has identified some Clean Air Act As a result, EPA has identified some Clean Air Act violations and assessed penalties in some cases. violations and assessed penalties in some cases.

TRI is now initiating cross-referencing efforts with TRI is now initiating cross-referencing efforts with EPA’s water and solid waste programs.EPA’s water and solid waste programs.

TRI and OECA are developing an automated cross-TRI and OECA are developing an automated cross-referencing tool to facilitate compliance assurance referencing tool to facilitate compliance assurance efforts. efforts.

Page 14: Toxics Release Inventory (TRI) Update on Regulations and Programmatic Support Rebecca Moser TRI Regulatory Development Branch 2008 TRI National Training

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Supporting TRI Data Supporting TRI Data UsersUsers

Many customers, both within and outside the Agency, Many customers, both within and outside the Agency, use TRI data to conduct analyses. use TRI data to conduct analyses.

The TRI Program is now developing a process to track The TRI Program is now developing a process to track and disseminate the results of the analyses more and disseminate the results of the analyses more effectively. effectively.

Over time, we hope that all TRI data users will be able Over time, we hope that all TRI data users will be able to exchange ideas and analytical results more easily. to exchange ideas and analytical results more easily.

TRI is also involved in international discussions on TRI is also involved in international discussions on Pollutant Release and Transfer Registers (PRTR)Pollutant Release and Transfer Registers (PRTR) North American Commission for Environmental Cooperation North American Commission for Environmental Cooperation

(CEC)(CEC) Organization for Economic Cooperation and Development Organization for Economic Cooperation and Development

(OECD)(OECD)

Page 15: Toxics Release Inventory (TRI) Update on Regulations and Programmatic Support Rebecca Moser TRI Regulatory Development Branch 2008 TRI National Training

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Supporting TRI Data Supporting TRI Data UsersUsers

Our data and information needs continue to Our data and information needs continue to evolve . . . evolve . . .

We’re interested in learning how we can best We’re interested in learning how we can best serve your needs as TRI data users. serve your needs as TRI data users.

We invite you to participate We invite you to participate in in the National Dialogue on the National Dialogue on Access to Environmental Access to Environmental Information. Information.

We look forward to We look forward to

receiving your input. receiving your input.

Page 16: Toxics Release Inventory (TRI) Update on Regulations and Programmatic Support Rebecca Moser TRI Regulatory Development Branch 2008 TRI National Training

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Comments or Questions? Comments or Questions?