Impact of Toxic Release Inventory Late Reporters on EPA's Annual TRI National Analysis: February 25th U.S. EPA Inspector General Revised Project Notification

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a February 25th revised Project Notification titled:

Impact of Toxic Release Inventory Late Reporters on EPA’s Annual TRI National Analysis

See No. OA&E-FY18-0002.

The Memorandum is directed from Christina Lovingood, Director, Land Cleanup and Waste Management, Office of Audit and Evaluation to Susan Bodine, Assistant Administrator, Office of Enforcement and Compliance Assurance and Alexandra Dunn, Assistant Administrator, Office of Chemical Safety and Pollution Prevention.

OIG states it has revised the project objective and title for its work regarding the EPA’s enforcement of Toxic Release Inventory (“TRI”) late reporters. The revised project objective is stated to be to determine the extent to which late reporting of TRI data impacts annual TRI national analysis.

The federal Emergency Planning and Community Right-to-Know Act (“EPCRA”) was enacted in 1986. The federal statute requires certain facilities to submit reports each year on the amounts of toxic chemicals they release in the environment, either routinely or as a result of accidents. Federal legislation in 1990 extended reporting requirements to waste management and source reduction activities. The EPA implements these laws and compiles information it receives in the TRI.

The TRI contains information on releases of over 650 chemicals and chemical categories from industries including manufacturing, metal and coal mining, electric utilities, and commercial hazard waste treatment (among others). EPCRA requires companies that manufacture, process or otherwise use specified toxic chemicals in amounts above reporting threshold levels to submit reports to EPA and to designated state officials.

A copy of the OIG Project Notification can be found here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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