In response to a petition filed under the Emergency Planning and Community Right-to-Know Act (“EPCRA”), EPA is adding 12 chemicals to the list of toxic chemicals subject to annual reporting under EPCRA and the Pollution Prevention Act (PPA). 87 Fed. Reg. 73475 (November 30, 2022). The preamble to this final rule states the new toxic chemical listing is the result of an EPA finding that “each of the 12 chemicals meets the EPCRA criteria . . . [and] one chemical should be classified as a persistent, bioaccumulative, and toxic (PBT) chemical and designated as a chemical of special concern with a 100-pound reporting threshold.” Id.EPCRA ReportingSection 313 of EPCRA, 42 U.S.C. 11023 (also known as the Toxics Release Inventory (“TRI”), requires owners and operators of certain facilities that manufacture, process, or otherwise use listed toxic chemicals in amounts above reporting threshold levels (25,000 lbs.--manufacturing or processing/10,000 lbs.--otherwise use) to file annual reports with EPA. 40 CFR § 372.25. These facilities also have to report “pollution prevention” and “recycling data” for the covered chemicals under the PPA, 42 U.S.C. §13106. The annual TRI report is due July 1 each year. When the EPCRA program became effective in 1985, the list of TRI “tox

vailable in our November 30, 2022, blog item.EPA Announces Proposed New Mitigation Measures For Rodenticides, Including Pilot For Protecting Endangered Species: On November 29, 2022, EPA announced proposed new mitigation measures for 11 rodenticides, including measures to reduce potential exposures to three federally listed endangered and threatened species and one critical habitat. The mitigation measures are part of EPA’s goals outlined in its April 2022 Endangered Species Act (ESA) Workplan and one of the ESA pilots described in its November 2022 Workplan Update. More information is available in our December 8, 2022, blog item. See also our November 23, 2022, blog item for more information on the Workplan Update.EPA Adds 12 Chemicals To List Of Chemicals Subject To TRI Reporting Requirements: On November 30, 2022, EPA published a final rule that adds 12 chemicals to the list of toxic chemicals subject to the reporting requirements under EPCRA and the Pollution Prevention Act (PPA). 87 Fed. Reg. 73475. In response to a petition filed under EPCRA, EPA determined that each of the 12 chemicals meets the EPCRA criteria. EPA’s November 30, 2022, press release states that the 12 chemicals that are now subject to TRI reporting requirements are dibutyltin dichloride; 1,3-dichloro-2-propanol; formamide; 1,3,4,6,7,8-hexahydro-4,6,6,7,8,8-hexamethylcyclopenta[g]-2-benzopyran; n-hydroxyethylethylenediamine; nitrilotriacetic acid trisodium salt; p-(1,1,3,3-tetramethylbutyl)phenol; 1,2,3-trichlorobenzene; triglycidyl isocyanurate; tris(2-chloroethyl) phosphate; tris(1,3-dichloro-2-propyl) phosphate; and tris(dimethylphenol) phosphate. EPA has also classified one of the chemicals, 1,3,4,6,7,8-hexahydro-4,6,6,7,8,8-hexamethylcyclopenta [g]-2-benzopyran, as a persistent, bioaccumulative, and toxic (PBT) chemical and designated it as a chemical of special concern with a 100-pound reporting threshold. Facilities that are covered by TRI and meet reporting requirements for these chemicals will now be r