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EPA is considering the addition of facilities classified in NAICS 562213 (Solid Waste Combustors and Incinerators) to the list of facilities subject to EPCRA § 313. These facilities would potentially be required to submit TRI reports for toxic chemicals manufactured and otherwise used during the incineration of solid waste. In its 1997 Industry Expansion Rule, EPA added combustors and incinerators that are regulated under subtitle C of the Resource Conservation and Recovery Act (RCRA). Such facilities are engaged in the collection, transportation, treatment for destruction, stabilization, and/or disposal of RCRA subtitle C hazardous waste. The Agency is now considering expanding coverage of NAICS 562213 to include all facilities in that sector that meet TRI reporting thresholds, regardless of whether they have a subtitle C permit.

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 facilities primarily incinerating solid waste 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?

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Scope of Solid Waste Combustors and Incinerators 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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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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