On April 27, 2009, in response to a Congressional mandate in the Omnibus Appropriations Act of 2009, EPA promulgated the “Toxic Release Inventory Form A Eligibility Revisions Implementing the 2009 Omnibus Appropriations Act Rule” at 74 Federal Register 19001.
The new rule modifies the Form A eligibility provided by 40 C.F.R. § 372.27:
• Beginning in reporting year 2008, Form A may no longer be used for PBT chemicals.
• For non-PBT chemicals, the rule reinstates the 500-pound annual reporting amount (the total of releases and other waste management) and 1,000,000 pounds “manufactured, processed or otherwise used” Form A eligibility threshold that were in effect before December 22, 2006.
In other words, the new rule returns the eligibility for use of the Form A (in lieu of the more detailed Form R) to the thresholds and eligibility requirements that were in effect prior to the 2006 Toxics Release Inventory Burden Reduction Rule.
Because the new rule was enacted make the regulations consonant with a Congressional legislative mandate, notice and comment rulemaking is unnecessary, and the rule became effective immediately upon publication to the Federal Register.
The new rule can be accessed by clicking: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2009_register&docid=fr27ap09-10.
Posted on
Tuesday, June 2, 2009
by Ivan L. London