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VII. TRI List of Chemicals

Source: EPA 1994 Toxics Release Inventory
Public Data Release, Appendix A:
Questions and Answers

Q47 How was the list of chemicals subject to TRI reporting created?

A A list of chemicals subject to TRI reporting was given to EPA by Congress in EPCRA. The statutory list was derived from separate lists from the states of New Jersey and Maryland. The criteria for chemicals on the Maryland and New Jersey lists differ from the criteria established under EPCRA section 313. For instance, the Maryland list is a survey list and consists of chemicals that are noted for toxicity and/or high-volume activities in that state. As a result of these differences in listing criteria, a number of chemicals have been added to the TRI list that were not on the original state lists. Also, a number of chemicals have been deleted from the original TRI list of toxic chemicals because EPA determined that they did not meet any of the criteria for listing.

Under EPCRA section 313, anyone can petition EPA to add a chemical(s) to, or delete a chemical(s) from, the list of chemicals.

EPA has developed criteria and is currently refining the process for reviewing the TRI list of chemicals. The result of this exercise will allow EPA to more effectively add chemicals to and delete chemicals from the list. This will result in reporting on chemicals that meet the intent of section 313.

Q48 What are the criteria for listing a chemical under section 313 of EPCRA?

A For a chemical or chemical category to remain on or be added to the TRI list, it must be known to cause or reasonably be anticipated to cause one of the following:

Q49 What chemicals have been added to the TRI list?

A EPA added to the list nine chemicals that were subject to reporting for the 1990 reporting year. These chemicals were added to the list for cancer or other chronic toxicity concerns. These chemicals are:

Allyl alcohol
Dinitrotoluene (mixed isomers)
Toluene diisocyanate (mixed isomers)

As a result of a petition submitted by three governors and the Natural Resources Defense Council, EPA also added to the list seven chlorofluorocarbons (CFCs) and halons that were subject to reporting beginning with the 1991 reporting year. These chemicals were added because they are stratospheric ozone depleters. Depletion of stratospheric ozone can lead to adverse human health and environmental effects. These chemicals are:

Bromochlorodifluoromethane (Halon 1211)
Bromotrifluoromethane (Halon 1301)
Dibromotetrafluoroethane (Halon 2402)
Dichlorodifluoromethane (CFC-12)
Dichlorotetrafluoroethane (CFC-114)
Monochloropentafluoroethane (CFC-115)
Trichlorofluoromethane (CFC-11)

In response to another petition, 11 hydrochlorofluorocarbons (HCFCs) were also added, subject to reporting beginning with the 1994 reporting year (reports due by July 1, 1995). These chemicals were added because they are listed as Class II ozonedepleting substances in section 602(b) of the Clean Air Act. These chemicals are:

Chlorodifluoromethane (HCFC-22)
Dichlorotrifluoroethane (HCFC-123) and isomers
Chlorotetrafluoroethane (HCFC-124) and isomers
1,1-Dichloro-1-fluoroethane (HCFC-141b) and isomers
1-Chloro-1,1-difluoroethane (HCFC-142b)

An additional 21 chemicals and two chemical categories that appear on the Resource Conservation and Recovery Act (RCRA) list of hazardous wastes were added to the TRI list. Reporting for these chemicals was required beginning with the 1994 reporting year (reports due by July 1, 1995). These chemicals are:

Ethylene bisdithiocarbamic acid, salts and esters
Ethylidene dichloride
Formic acid
Hydrogen sulfide*
Methyl chlorocarbonate
Methyl mercaptan*
Trypan blue
Warfarin and salts

On November 30, 1994, EPA issued a final rule adding 286 chemicals to the TRI list, including about 160 pesticides. Many of these chemicals have been identified as of concern under sections 112(b) and 602(b) of the Clean Air Act, section 307(a) of the Clean Water Act, section 1412 of the Safe Drinking Water Act, and under the Federal Insecticide, Fungicide, and Rodenticide Act.

Q50 How were the chemicals added in November 1994 selected?

A EPA began with a pool of 1,031 chemicals regulated or identified as of concern under various environmental statutes. In addition, EPA considered chemicals designated as possible, probable, or known carcinogens in the Monographs of the International Agency for Research on Cancer (IARC) and the 6th annual Report on Carcinogens of the National Toxicology Program (NTP), U.S. Department of Health and Human Services.

This list was narrowed by excluding those chemicals already on TRI or proposed for addition in response to a petition. The remaining chemicals underwent a toxicity screen using numerical criteria guidelines and a production volume screen. This narrowed the list of candidates to approximately 400 chemicals.

The remaining candidates underwent a rigorous hazard assessment, including a detailed review of the toxicity of each to determine whether the chemical meets the statutory criteria for listing.

Q51 How many of the chemicals proposed to be added by EPA were not added because they did not meet the criteria for listing?

A EPA determined that three of the proposed chemicals did not meet the statutory criteria for listing and so they were not added. These three chemicals are:

Tetrasodium ethylenediaminetetraacetate

Q52 Why did EPA defer the addition of 40 chemicals and one chemical category?

A EPA decided to defer action on 40 chemicals and one chemical category because more time was needed to address technical and policy issues that were raised about these chemicals. EPA did not wish to delay action on the addition of 286 chemicals that met the listing criteria, so the public comments on the deferred chemicals will be addressed in a future rulemaking.

Q53 If EPA proposed 313 chemicals and deferred or dropped 44, how is it that 286 chemicals were finalized?

A The discrepancy arises from the addition of the diisocyanates category. The 313 chemicals in the proposed rule included three individual diisocyanates. As an alternative, EPA proposed adding the three diisocyanates and 17 other diisocyanates as a delimited category, but the additional 17 diisocyanates were not counted in the 313 proposed chemicals. EPA finalized the alternative proposal, and the 17 additional diisocyanates were counted among the 286 chemicals finalized.

Q54 I understand that EPA's November 30, 1994, rulemaking that added 286 chemicals and chemical categories to the TRI chemical list was challenged in court. Who challenged the rule, and has the case been settled?

A Four organizations (Chemical Manufacturers Association, National Oilseed Processors Association, Troy Corporation, and NMP Producers Group) challenged several aspects of the November 30, 1994, rulemaking. Combined, these suits challenged the listing of the following chemicals and chemical categories: hexane; 3-iodo-2-propynyl butyl carbamate; 2,6-dimethylphenol; bronopol; polychlorinated alkanes; methyltrichlorosilane; dimethyldichlorosilane; trimethylchlorosilane; isophorone diisocyanate; 2,2,4-trimethylhexamethylene diisocyanate; 2,4,4- trimethylhexamethylene diisocyanate; and N-methyl-2-pyrrolidone. CMA's suit also challenged EPA's decision to not consider exposure for the 152 moderately high to highly toxic chemicals that were added in this rulemaking based on sufficient evidence of adverse chronic health effects.

On April 30, 1996, Judge Gladys Kessler of the United States District Court for the District of Columbia ruled in EPA's favor with respect to all claims. Therefore, all of the challenged chemicals are reportable beginning with the 1995 reporting year, except for the three chlorosilanes (methyltrichlorosilane, dimethyldichlorosilane, trimethylchlorosilane). EPA voluntarily remanded these chlorosilanes; therefore, they are not reportable for the 1995 reporting year.

Q55 Where can lists of the added and deferred chemicals be obtained?

A The lists are in the final rule which was published in the Federal Register on November 30, 1994 (59 FR 61432). Copies may be obtained by contacting the EPCRA Hotline


Q56 How many additional reports will be submitted due to the addition of 286 chemicals?

A The first reports for these chemicals will be required for reporting year 1995 and will be submitted by August 1, 1996. EPA estimates that about 10,500 additional reports and 3,500 certification statements will be submitted, assuming facilities use the alternate threshold reporting option, which is also effective for the 1995 reporting year and beyond. The alternate threshold reporting option is further discussed in Section VI of this Appendix.

Q57 What chemicals have been deleted from the TRI list or had their listings modified?

A The following individually listed chemicals have been deleted from the TRI list:

Ammonium sulfate (solution)*
Butyl benzyl phthalate
Color Index (C.I.) Acid Blue 9 diammonium salt
C.I. Acid Blue 9 disodium salt
Di-n-octyl phthalate (n-dioctyl phthalate)
Sodium hydroxide (solution)
Sodium sulfate (solution)
Terephthalic acid
Titanium dioxide

The following chemicals have been deleted from the categories indicated:

Barium sulfate (barium compounds category)
Copper phthalocyanine compounds substituted with only bromine, chlorine, and/or hydrogen (copper compounds category)
High molecular weight glycol ethers were deleted from the glycol ethers category by redefining the category to exclude such chemicals.

The following chemicals have had their listings modified; they now include the modifier shown in parenthesis:

Aluminum oxide (fibrous forms)

Ammonia (includes anhydrous ammonia and aqueous ammonia from water, dissociable ammonium salts, and other sources; 10% of total aqueous ammonia is reportable under this listing)

Sulfuric acid (acid aerosols including mists, vapors, gas, fog, and other airborne forms of any particle size)

Q58 Has EPA taken any other actions on listed chemicals?

A On August 22, 1994, EPA issued an administrative stay for hydrogen sulfide and methyl mercaptan and on October 27, 1995, EPA issued an administrative stay for 2,2-dibromo-3- nitrilopropionamide (DBNPA). Until these stays are lifted, hydrogen sulfide, methyl mercaptan, and DBNPA are not reportable under EPCRA section 313.

Q59 What is the status of EPCRA section 313 petitions to date?

A EPA has responded to and is currently working on many petitions to modify the EPCRA section 313 list of toxic chemicals. The following is a summary of section 313 petition activity to date.

EPCRA Section 313 Petitions

Chemical Action Requested Status
Acetone Delist Granted
Aluminum oxide (non-fibrous) Delist Granted
Alloys Delist Denied (1)
Ammonium sulfate (solution) (2) Delist Partially Granted
Antimony tris(iso-octyl-mercaptoacetate) Delist Denied
Barium sulfate Delist Granted
Butyl benzyl phthalate Delist Granted
Cadmium selenide Delist Denied
Cadmium sulfide Delist Denied
CFC-11 (3) List Granted
CFC-114 List Granted
CFC-115 List Granted
CFC-12 List Granted
Chromium (III) compounds Delist Denied
C.I. Acid Blue 9 disodium and diammonium salts (4) Delist Granted
C.I. Pigment Blue 15 Delist Granted
C.I. Pigment Green 36 Delist Granted
C.I. Pigment Green 7 Delist Granted
Cobalt and compounds Delist Denied
Copper metal Modify Pending
Copper mono-chlorophthalocyanine (5) Delist Granted
Cyclohexane Delist Denied
Chromium antimony titanium buff rutile Delist Denied
Decabromodiphenyl ether Delist Denied
2,2-Dibromo-3-nitrilopropionamide Delist Comment Requested
Di-n-Octyl phthalate Delist Granted
Di(2-ethylhexyl)adipate Delist Proposed
Di(2-ethylhexyl)phthalate Delist Pending
Diethyl phthalate Delist Proposed
Disodium and monosodium methane arsenate Delist Denied
Ethylene Delist Denied
Ethylene glycol Delist Pending
Glycol ethers Modify Granted
Halon 1211 List Granted
Halon 1301 List Granted
Halon 2402 List Granted
Hydrochlorofluorocarbons (6) List Partially Granted
Hydrochloric acid Modify Proposed
Inorganic fluorides List Denied
Iron chromite Delist Withdrawn
Manganese and compounds Delist Denied
Manganese and compounds in slags Delist Denied
Melamine Delist Granted
Methyl ethyl ketone Delist Withdrawn
Methyl isobutyl ketone Delist Withdrawn
Molybdenum trioxide Delist Withdrawn
Nickel and compounds Delist Denied
ortho-Phenylphenol Delist Denied
Phosphoric acid Delist Withdrawn
Phosphoric acid Delist Pending
Phthalic anhydride Delist Withdrawn
Polymeric diphenylmethane diisocyanate Delist Pending
Propylene Delist Denied
Sodium hydroxide (solution) Delist Granted
Sodium sulfate (solution) Delist Granted
Sulfuric acid Delist Denied
Sulfuric acid Modify Granted
Terephthalic acid Delist Granted
Titanium dioxide Delist Granted
Trifluralin Delist Withdrawn
Zinc borate hydrate Delist Denied
Zinc sulfide Delist Denied
82 RCRA Chemicals (6) List Partially Granted

(1) EPA is reviewing whether certain constituent metals of alloys should be reportable.

(2) The ammonium sulfate (solution) deletion will not result in a loss of reporting, but rather in more focused reporting since the aqueous ammonia from ammonium sulfate solutions is still reportable under the modified ammonia listing.

(3) CFC = Chlorofluorocarbon

(4) C.I. = Color Index

(5) Finalized as copper phthalocyanine compounds substituted only with bromine, chlorine, and/or hydrogen.

(6) Refer to Question 59 for a complete list of the HCFCs and RCRA chemicals that were added to the list.

Source: USEPA 1994 Toxics Release Inventory Public Data Release (EPA 745-R-96-002, June 1996).

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