Tuesday, May 11, 2021
Last month, EPA announced a planned update of the Toxics Release Inventory (TRI) reporting program, incorporating several additions. The updates would expand the TRI program by adding new chemicals, facilities, and tools to increase accessibility of data. The goal, according to EPA’s statement, is “to advance Environmental Justice, improve transparency, and increase access to environmental information.”
Created under the Emergency Planning and Community Right-to-Know Act (EPCRA), the TRI program requires facilities with 10 or more full-time or equivalent employees across a range of industries to report information about the management and release of listed chemicals above certain thresholds that may create risks for human health or the environment, which then becomes publicly available. Data collected under the TRI program offers a view of environmental performance and compliance at facilities. But it can also drive rulemaking priorit
Tuesday, December 29, 2020
A federal court has ordered EPA to make extensive changes to its Chemical Data Reporting rule (CDR) with respect to asbestos reporting. While the ruling in
ADAO v. Wheeler is limited to CDR reporting of asbestos, it sets the stage for targeted reporting requirements by manufacturers and possibly processors for other substances being considered for prioritization or that are the subjects of risk evaluations. Such requirements might include elimination of the exemptions for substances in articles or present only as impurities and reporting by processors. It will be up to the incoming Biden Administration to decide whether to appeal the decision to the Ninth Circuit or to conduct rulemaking, at least for asbestos.
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A federal court has ordered EPA to make extensive changes to its Chemical Data Reporting rule (CDR) with respect to asbestos reporting. While the ruling in
ADAO v. Wheeler is limited to CDR reporting of asbestos, it sets the stage for targeted reporting requirements by manufacturers and possibly processors for other substances being considered for prioritization or that are the subjects of risk evaluations. Such requirements might include elimination of the exemptions for substances in articles or present only as impurities and reporting by processors. It will be up to the incoming Biden Administration to decide whether to appeal the decision to the Ninth Circuit or to conduct rulemaking, at least for asbestos.