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Rescinding the Final TRI Burden Reduction Rule
The Toxics Release Inventory Form A Eligibility Revisions Implementing the 2009 Omnibus Apprpriations Act (PDF) announced April 21, 2009 (19 pp, 8MB, About PDF ) returns the eligibility for use of the Form A Certification Statement (Form A) in lieu of the more detailed Form R by TRI facilities submitting required annual reports on releases and other waste management to the thresholds and eligibility requirements that were in effect prior to the 2006 Toxics Release Inventory Burden Reduction Rule.
Background Documents
The final TRI Burden Reduction Rule (PDF) (57 pp, 1.06MB, About PDF) published on December 22, 2006 (71 Federal Register 76932).
A proposed Burden Reduction rule (PDF) (26 pp, 1.04MB, About
PDF) was issued on October 4, 2005 (70 Federal Register 71448).
- What are the provisions of the final rule?
- What is the difference between Form R and Form A?
- May I use Form A to report Persistent, Bioaccumulative, and Toxic (PBT) chemicals?
- What are the criteria for using Form A?
- What other resources are available for information on the rule and EPA's TRI Program?
Q: What are the provisions of the final rule?
This rule modifies Form A eligibility provided under 40 C.F.R. section 372.27 (alternate thresholds and certifications). For PBT chemicals, this final rule eliminates Form A eligibility for those chemicals listed at 40 C.F.R. section 372.28. For non-PBT chemicals, the rule reinstates the 500-pound annual reporting amount (Where the annual reportable amount is equal to the combined total quantities released at the facility ( the total of releases and other waste management) and 1,000,000 pounds manufactured, processed or otherwise used Form A eligibility threshold in effect prior to December 22, 2006. This includes releases and waste management activities (Section 8.1 through and including Section 8.7) which are counted against the 500 pound threshold criterion.
Q: What is the difference between Form R and Form A?
Form R provides details about releases and other waste management (e.g., total quantity of releases to air, water, and land; and on- and off-site recycling, treatment, and combustion for energy recovery).
Form A provides the name of the chemical and certain facility identification information
Form A can be used by the public as a “range report,” for a non-PBT chemical for a facility that has an annual reportable amount of 0 and 500 pounds of the chemical as waste and the amount manufactured or processed or otherwise used is under 1,000,000 lbs.
Four chemicals may be reported on each Form A; only one chemical may be reported on a Form R.
Q: May I use Form A to report Persistent, Bioaccumulative, and Toxic (PBT) chemicals?
As of Reporting Year 2008, Form A is no longer allowed to be used to report PBT chemicals
Q: What are the criteria for using Form A?
For non-PBT chemicals, reporters are eligible to use Form A if they have an annual reportable amount of the chemical that is under 500 lbs/yr and the amount manufactured or processed or otherwise used is under 1,000,000 lbs.
Q: What other resources are available for information on the rule and EPA's TRI Program?
You can get more information several ways.