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TRI Article Exemption Ruling Withdrawn by EPA

Tuesday June 21, 2011

In July of 2010, PMPA Staff attended a meeting in Washington D.C. with OMB and EPA to discuss a proposed EPA “Clarification” regarding the Article Exemption in TRI.
PMPA opposed the change and challenged the EPA’s estimate of paperwork burden, demonstrated impact on smaller businesses, and made other technical points.
(See link below for PMPA's Business Intelligence report on this issue.)


The EPA’s proposed change in the “clarification” could have made finished precision machined products with rust preventives subject to TRI release reporting.


We were joined at that meeting by a number of other involved parties with similar concerns. The meeting was hosted by Jeff Miller of the Treated Wood Council.


On June 17, 2011, at the request of the US Environmental Protection Agency, the Office of Management & Budget removed from its list of Submissions Under Review ( ) the EPA proposed final “Toxics Release Inventory (TRI) Articles Exemption Clarification Rule.”


The proposed rule would have eliminated the articles exemption under TRI and required manufacturers to report releases from finished goods in storage.

Finished goods in storage!


We are pleased that PMPA's attention to this regulatory issue has resulted in its withdrawal at the current time. Our position was that the EPA cannot change the TRI rule without formal rulemaking. Members of Congress have echoed that same concern.


EPA may ultimately decide to initiate that rulemaking process.   We do not know exactly why EPA withdrew the proposed rule, nor do we know EPA’s next steps.   
But for now, as a result of our “effective associating” and engagement with the federal agencies involved, this ill-considered change to TRI has been withdrawn.


We will continue to monitor this issue and keep you informed of any developments.


Please contact me if you have any questions and thank you for your support of PMPA’s efforts to get some sanity back in the federal regulatory arena.

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