What does the U.S. Environmental Protection Agency (EPA) have on tap for future TRI reports?
A TRI Recap
TRI reports are required to be submitted by facilities with 10 or more full-time employees, in specified Standard Industrial Classification (SIC) and North American Industry Classification System (NAICS) codes that manufacture, process, or otherwise use listed TRI chemicals in excess of the established thresholds. The thresholds per calendar year are:
- 25,000 lbs per toxic chemical manufactured or processed, other than persistent bio-accumulative and toxic (PBT) chemicals;
- 10,000 lbs per toxic chemical for chemicals otherwise used, other than PBT chemicals; and
- As listed in 40 CFR 372.28 for PBT chemicals.
Chemicals Added to TRI
The EPA has made changes to the list of chemicals and chemical categories subject to inclusion in TRI reports.
o-Nitrotoluene (CAS# 88-72-2)
Facilities were required to include o-Nitrotoluene in TRI reports for the 2014 reporting year (RY) if the applicable thresholds are exceeded. The EPA added o-Nitrotoluene to the TRI list because it was recently classified as “reasonably anticipated to be a human carcinogen” by the National Toxicology Program (NTP).
According to NTP’s 12th Report on Carcinogens (RoC), o-nitrotoluene is used primarily in the manufacture of chemicals that are intermediates in the production of various azo dyes (mostly the bright yellows, oranges, and reds). It is also used in the manufacture of, or the manufacture of intermediates for, other dyes, such as magenta and various sulfur dyes for cotton, wool, silk, leather, and paper. In addition, it is used for explosives and a variety of organic chemicals, including compounds used in the agricultural chemical, pesticide, petrochemical, pharmaceutical, and rubber industries.
Begin to Track the Nonylphenol Category
Facilities were not required to include chemicals in the nonylphenol category for the 2014 RY but should begin tracking these chemicals. Reporting nonylphenol category chemicals will begin with the 2015 RY TRI reports due July 1, 2016. The EPA added the nonylphenol category, which includes the following, to the TRI list because the Agency claims that these substances are highly toxic to aquatic organisms:
- 4-Nonylphenol (CAS# 104-40-5)
- Isononylphenol (CAS# 11066-49-2)
- Nonylphenol (CAS# 25154-52-3)
- 4-Isononylphenol (CAS# 26543-97-5)
- 4-Nonylphenol, branched (CAS# 84852-15-3)
- Nonylphenol, branched (CAS# 90481-04-2)
Nonylphenol is an organic chemical that, according to the EPA, is mainly used in the manufacture of nonylphenol ethoxylates (NPEs). NPEs are used in many common products, including detergents, cleaners, degreasers, and paints and coatings, to name just a few. They were once common ingredients in household laundry detergents but were phased out by manufacturers. Although no NPEs were added in this TRI go-round, their use should be reduced because of the listing of nonylphenols. However, the EPA is considering adding NPEs to the TRI list. The Agency claims that there are plenty of less toxic substitutes for NPEs and advises folks to go to EPA’s Safer Choice website to find them.
Supports TSCA Action Plan
When the EPA initially proposed the addition of a nonylphenol category to the TRI list, the Agency pointed to research that acute and chronic toxicity levels of nonylphenol have been identified for many freshwater and saltwater species. As part of its effort to enhance the existing chemicals program under the Toxic Substances Control Act (TSCA), in August 2010, the EPA issued an action plan for nonylphenol and nonylphenol ethoxylates. The plan outlined the courses of action the Agency is considering pursuing in the near term to address its concerns about these chemicals. One of the steps identified in the plan was to add nonylphenol to the TRI list.
The EPA is considering adding nonylphenol ethoxylates (NPEs) to the TRI list. However, at this point, that addition is not yet proposed.
Here’s a look at the chemicals that the EPA has actually proposed for TRI listing.
1-Bromopropane (CAS 106-94-5)
Last April, the EPA proposed that 1-bromopropane be added to the TRI list because the National Toxicology Program (NTP) in their 13th Report on Carcinogens (RoC) classified the chemical as ‘‘reasonably anticipated to be a human carcinogen.’’
1-bromopropane is a colorless to pale-yellow liquid used as a solvent in many commercial industries. It is volatile and has a strong odor. 1-bromopropane is also called n-propyl bromide.
The chemical is used as a cleaner for optics, electronics, and metals and as a solvent for aerosol-applied adhesives, such as those used in foam cushion manufacturing. It is also used in dry cleaning and solvent sprays for aircraft maintenance, asphalt production, and synthetic fiber manufacturing. According to the NTP, in recent years, 1-bromopropane use has increased as a result of new industrial and commercial applications as a substitute for ozone-depleting substances (ODS) or suspected carcinogens. For example, 1-bromopropane has been used to replace perchloroethylene in dry cleaning.
As a matter of fact, the EPA allows some uses of 1-bromopropane as an ODS substitute under the Agency’s Significant New Alternatives Policy (SNAP) program
Hexabromocyclododecane (CAS 25637-99-4 and CAS 3194-55-6)
Come this September, the EPA plans to propose that hexabromocyclododecane (HBCD) be added to the TRI list. HBCD is a flame retardant. According to the EPA, it is a persistent bioaccumulative and toxic (PBT) chemical, especially to aquatic organisms, and is also of concern for certain chronic human health effects. The Agency has developed an action plan for HBCD that includes listing it as a TRI reportable chemical.
The primary use of HBCD is as a flame retardant for foams used primarily for thermal insulation boards in the building and construction industry. It is also used as a back coating for a number of upholstery textiles and as a flame retardant in electrical and electronic appliances.
More Industries to Be Added to TRI
Also, in September, the EPA plans to propose adding a number of industry sectors covered under TRI regulations.
The sectors the Agency will propose to add are:
- Iron Ore Mining
- Phosphate Rock Mining
- Steam and Air-Conditioning Supply
- Other Warehousing and Storage
- Solid Waste Combustors and Incinerators
- Coin-Operated Laundries and Dry Cleaners
- Dry-cleaning and Laundry Services (except Coin-Operated)
- Linen Supply
- Industrial Launderers
What You Can Do Now
If you manufacture, process, or otherwise use 1-bromopropane or HBCD at your facility, it’s a good time to take a look at your inventory to see if you can avoid TRI requirements by eliminating them or keeping them below the threshold for reporting. You could also make sure that you comment on the proposals. Although the comment period for 1-bromopropane has closed, you can contact EPA’s Nicole Paquette. The comment period for HBCD will be announced when the proposal is published in the Federal Register. In the meantime, you can also contact Nicole Paquette about HBCD.
The comment period for the expansion of industries will be announced when the proposal is published. In the meantime, you can contact EPA’s Cory Wagner about that.
For more information or assistance with your Environmental and Health & Safety regulatory compliance needs, contact Ralph Carito at Total Environmental & Safety, LLC (Total) at rcarito@TotalEnviron.com or 908-442-8599.