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Methyl Ethyl Ketone (MEK) To Be Removed From The Toxics Release Inventory (TRI) List: No Reports Are Required For The 2004 Reporting Year
- Why is MEK being removed from the TRI List?
- What type of notice will EPA publish?
- Why are no MEK reports required for reporting year 2004?
- Should facilities that have already filed a 2004 TRI report for MEK withdraw those reports?
- How can I get more background on EPA’s TRI Program?
- What is the status of the petition to remove MEK from the Clean Air Act list of hazardous air pollutants?
Q: Why is MEK being removed from the TRI List?
A: EPA is taking the regulatory action necessary to remove MEK from the TRI list as required by the District Court.
In March of 1998, EPA denied a petition from the Ketones Panel of the Chemical Manufacturers Association (CMA) to remove MEK from the TRI list (63 Federal Register 15195). The American Chemistry Council (ACC) (formerly CMA) challenged EPA's decision in U.S. District Court for the District of Columbia. On March 26, 2004, the District Court upheld EPA’s petition denial on the basis that EPA’s denial of the petition was lawful and appropriate. ACC appealed the District Court’s decision to the D.C. Circuit Court of Appeals. On May 10, 2005, the D.C. Circuit Court vacated the District Court's decision and remanded "so that it can direct EPA to delete MEK from the TRI." The Circuit Court issued its mandate on June 13, 2005.
Q: What type of notice will EPA publish?
A: A final rule that removes MEK from the TRI list pursuant to the Court’s order has been signed and will publish in the Federal Register shortly. The rule will make the removal of MEK effective for the 2004 reporting year.
Q: Why are no MEK reports required for reporting year 2004?
A: EPA will not require facilities to report MEK for the 2004 reporting year because the court order removing MEK from the TRI was issued before July 1, 2005. The final rule states that TRI facilities are not required to report releases of and other waste management information on MEK that occurred during the 2004 reporting year or for activities in the future.
Q: Should facilities that have already filed a 2004 TRI report for MEK withdraw those reports?
A: No, there is no need for facilities to withdraw MEK reports that they have already filed for reporting year 2004. EPA will not be including those reports in the 2004 public Toxics Release Inventory.
Q: How can I get more background on EPA’s TRI Program?
A: You can find more information by:
- Visiting the Toxics Release Inventory Web site
- Calling an EPA representative, or
- Contacting the Emergency Planning and Community Right-to-Know hotline
(toll-free) 1-800-424-9346 or (toll-free) TDD: 1-800-553-7672.
Q: What is the status of the petition to remove MEK from the Clean Air Act list of hazardous air pollutants?
A: EPA is currently responding a petition to remove MEK from its hazardous air pollutant list. We proposed to remove MEK from the list in May of 2003. EPA expects to make a final decision on this delisting as soon as on-going peer review efforts and evaluation are completed. More information is available on this and other Clean Air Act Air hazardous air pollutant delistings.