EPA is proposing to add a nonylphenol category to the list of toxic chemicals subject to reporting under section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) of 1986 (also known as “Toxic Release Inventory, or TRI) and section 6607 of the Pollution Prevention Act (PPA) of 1990. EPA is proposing to add this chemical category based on its authority to add chemicals and chemical categories that meet the EPCRA section 313(d)(2)(C) toxicity criterion. Comments must be received on or before August 19, 2013.

TRI reports are due on or before July 1 each year. Therefore the proposed addition of the nonylphenol category will not affect TRI reports for calendar year 2012, which are due before July 1, 2013.

Because no one Chemical Abstract Service Registry Number (CASRN) adequately captures what is referred to as nonylphenol and because of the apparent confusion that has resulted from the use of multiple CASRNs, EPA is proposing to add nonylphenol as a category defined by a structure.

Section 313 of EPCRA requires certain facilities that manufacture, process, or otherwise use listed toxic chemicals in amounts above reporting threshold levels to report their environmental releases and other waste management quantities of such chemicals annually. These facilities must also report pollution prevention and recycling data for such chemicals under the PPA.

Congress established an initial list of toxic chemicals that comprised more than 300 chemicals and 20 chemical categories. EPCRA section 313(d) authorizes EPA to add or delete chemicals from the list and sets criteria for these actions. EPA may add a chemical to the list if any of the listing criteria in Section 313(d)(2) are met. To add a chemical EPA must demonstrate that at least one criterion is met.

The EPCRA section 313(d)(2) criteria are:

  1. The chemical is known to cause or can reasonably be anticipated to cause significant adverse acute human health effects at concentration levels that are reasonably likely to exist beyond facility site boundaries as a result of continuous, or frequently recurring, releases.
  2. The chemical is known to cause or can reasonably be anticipated to cause cancer, teratogenic or other chronic effects in humans
  3. The chemical is known to cause or can be reasonably anticipated to cause adverse environmental impacts because of its toxicity, persistence in the environment, or tendency to bioaccumulate in the environment.
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