Corrections to TRI Regulations: Final Rule

Rule Summary

EPA has issued a final rule to correct certain existing regulatory language for the Toxics Release Inventory (TRI) Program. The rule:

updates identifiers, formulas, and names for certain TRI-listed chemicals described in the Code of Federal Regulations (CFR); and
updates the text that identifies to which chemicals the 0.1 percent de minimis concentration applies, to remedy a cross-reference to a no-longer-accurate Occupational Safety and Health Administration (OSHA) regulatory citation.

EPA is taking this action based on its authority under the Emergency Planning and Community Right-to-Know Act (EPCRA). This action does not change the regulatory requirements of the TRI Program or the reporting requirements for facilities. EPA expects these corrections will provide greater clarity for facilities and other stakeholders.

Rule History

Editorial corrections related to the TRI chemical list

The TRI Program has changed over time, but not all changes have been captured in the regulatory text contained in the CFR. This rule:

removes chemical names for those chemicals that have been delisted or moved to other listings,
incorporates listings in EPCRA §372.65(b) for chemicals that are listed in EPCRA §372.65(a) but were not listed in EPCRA §372.65(b),
corrects inaccurate Chemical Abstracts Service Registry Numbers (CASRNs),
corrects errors in chemical category definitions,
remedies other known errors in the CFR chemical lists,
removes leading zeros from CASRNs,
corrects errors in the list of lower thresholds for chemicals of special concern, and
revises the list of chemical names to include only the TRI primary name and the EPA registry name (if different from the TRI primary name) as a synonym.

Differences Between the Proposed and Final Rules

EPA received no substantive comments on the proposed rule published in November 2019. As a result, EPA made no substantive changes from what was included in the proposed rule, however, the final rule reflects the following corrections to what was proposed:

In the proposed regulatory text, the polychlorinated alkanes definition included the formula as “C_xH_2x-y+2Cl_y,” whereas in this final rule, the “+2” has been changed to a subscript. Also, in the polychlorinated alkanes definition in the proposed rule, one of the molecular formulas had a typo; specifically, “C₁₀H₁₉C₁₃” has been corrected to read “C₁₀H₁₉Cl₃.”
In the proposed rule, two chemicals in the list of the chemicals included in the polycyclic aromatic compounds category, 1,6-dinitropyrene and 1,8-dinitropyrene, were missing the last digits in their CARSNs. In this final rule, those two chemicals have been corrected to read “42397-64-8” for 1,6-dinitropyrene and “42397-65-9” for 1,8-dinitropyrene.
This final rule adds EPA registry names for the chemicals 1,4-bis(methylisocyanate)cyclohexane (CASRN 10347-54-3), benzo[a]phenanthrene (CASRN 218-01-9), benzo[j,k]fluorene (CASRN 206-44-0), benzo[r,s,t]pentaphene (CASRN 189-55-9), and dibenzo[a,h]anthracene (CASRN 53-70-3).
This final rule corrects the name for 1,2,3,4,7,8‑hexachlorodibenzofuran (CARN 70648-26-9) which was missing the “i” between the “d” and “b.”
This final rule corrects some minor issues such as the removal of some extra spaces in some chemical names.

Applicability of de minimis concentration

In 1998, EPA established a de minimis exemption for mixtures and trade name products that allows a facility to exclude TRI reporting for certain chemicals in specific situations involving such chemicals based on the concentration of the chemical in a mixture or trade name product. The concentration at which the exemption may be applied depends on whether the chemical is classified as a carcinogen. The exemption codified a cross-reference to a specific OSHA regulatory provision to indicate whether a chemical is considered a carcinogen for purposes of the de minimis exemption.

In 2012, OSHA altered its regulatory provision and removed from the CFR the citation being cross-referenced by the de minimis exemption. So, the current TRI de minimis exemption cross-references a regulatory citation that no longer exists. The pre-2012 OSHA definition currently resides in substantively unchanged (although not identical) language, now as an optional alternative definition in a different part of the OSHA regulations. To be consistent with the carcinogen definition that has been used for EPCRA Section 313 de minimis determinations and to maintain the status quo, EPA is incorporating the pre-2012 definition into the ECPRA Section 313 regulations at CFR 372.38(a).

Additional Resources

Corrections to TRI Regulations: Proposed Rule (29 pp, 739 K, About PDF)