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Right to Know and Pollution Prevention Requirements De Minimis Change for Reportable Chemicals




The U.S. Environmental Protection Agency’s Toxic Release Inventory (TRI) “Reporting Forms and Instructions” lists a change to the de minimis levels for Aniline and Acrolein from 1.0% to 0.1%. This applies to calendar year 2022 reports that must be completed by July 1, 2023. Additionally, the de minimis levels for four other chemicals will also be changed from 1.0% to 0.1% for calendar year 2023 reports that must be completed by July 1, 2024. This change was made as these chemicals have been classified as carcinogens by the International Agency for Research on Cancer (IARC).


This regulatory update is applicable to federal TRI regulated entities in all U.S. states and territories.


Additionally, facilities in New Jersey may be subject to the requirements of the Community Right to Know (CRTK) program and the Pollution Prevention (P2) programs, as well as the federal TRI. A recent Compliance Advisory from the New Jersey Department of Environmental Protection (NJDEP) advised the regulated community to check facility inventory records for these chemicals to ensure accurate tracking and reporting to comply with the updated regulations. A link to the full Compliance Advisory can be found here: https://www.nj.gov/dep/enforcement/advisories/2023-08.pdf


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