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EPA is considering the addition of facilities classified under NAICS 212392 (Phosphate Rock Mining) to the list of facilities subject to EPCRA § 313. These facilities would potentially be required to submit TRI reports for toxic chemical constituents of phosphate ore and waste rock, as well as for chemicals used or produced coincidentally in beneficiation operations. Phosphate mining falls under SIC Code 14 (nonmetal mining), which EPA opted not to include in its 1997 Industry Expansion Rule. Facilities classified under NAICS 325312: Phosphatic Fertilizer Manufacturing (including some phosphate mining establishments co-located with phosphoric acid manufacturing) are already covered by TRI. See 1996 Industry Expansion Proposed Rule, 61 FR 33592 (p. 5).

Benefits of Sector Addition

Congress intended for TRI data to be used “to inform persons about releases of toxic chemicals to the environment; to assist governmental agencies, researchers, and the public in the conduct of research and data gathering; to aid in the development of appropriate regulations, guidance, and standards; and for other similar purposes.” EPA is interested in public input as to whether and how the addition of phosphate mining facilities would further the purposes of the TRI program.

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Toxic Chemicals Associated with this Sector

Are there specific TRI-listed toxic chemicals for which you believe that the addition of this sector would provide information of value to communities? Note that radionuclides are not included on the TRI chemical list.

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Scope of Phosphate Mining Facilities under Consideration

In the past, EPA has occasionally opted to extend TRI coverage only to a portion of a sector. For example, TRI coverage of Electric Utilities (NAICS 2211) is limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce. Are there reasons why certain facilities in this sector should not be covered under TRI?

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Other Changes to the TRI Program

Are there any actions you believe EPA should take in conjunction with the potential addition of this sector (e.g., changes to any existing regulatory provisions)?

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Information Already Submitted to EPA (Petition)

EPA received two petitions from the Greater Yellowstone Coalition requesting the addition of phosphate mining. Is there additional information pertaining to the issues discussed in this petition that you would recommend that EPA consider?

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General Mining Issues

EPA is preparing to issue a proposed rule to modify certain TRI reporting requirements that primarily impact metal mining facilities. This proposed rule could have implications for phosphate mining facilities if such facilities were to be added to the scope of TRI. For additional background on this rulemaking and the litigation to which it responds, please visit www.epa.gov/tri/programs/mining/. Those interested in weighing in on this rulemaking are encouraged to comment on the forthcoming proposed rule.

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Additional Information

Is there any other information that you believe EPA should consider in evaluating this sector as a candidate for addition to the TRI list?

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