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Toxics Release Inventory Frequently Asked Questions and Answers

  1. What is the Toxics Release Inventory?
  2. What is the purpose of the TRI program?
  3. What does TRI require?
  4. What does TRI mean by "release" to the air, water or land?
  5. Why is this the first year mining operations are reporting TRI data?
  6. Why was TRI expanded to include mining operations?
  7. How is TRI data used?
  8. Does TRI require companies to do anything about their releases?
  9. About how many of the nearly 650 substances listed under TRI will mining companies be reporting on?
  10. Is the information contained in a TRI report available any place else?
  11. Does the TRI report provide information on the risk posed by the substances covered by TRI?
  12. Why will metals mining companies report such large volumes of TRI substances?
  13. What is the purpose of the mining industry’s suit against EPA on TRI?

1. Q. What is the Toxics Release Inventory?

A. The Toxics Release Inventory (TRI) is an annual reporting requirement passed by Congress in 1986. It’s part of the Emergency Planning and Community Right to Know Act (EPCRA).

The TRI program is popular among regulators, legislators, environmental groups, the media, and the general public. This paper answers basic questions about TRI and what it means for the mining industry.

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2. Q. What is the purpose of the TRI program?

A. The primary purpose of the TRI is to provide information to the public concerning the amount, or volume, of releases of nearly 650 listed substances to air, water or land.

3. Q. What does TRI require?

TRI requires individual facilities to file an annual report due July 1 each year with the Federal Environmental Protection Agency (EPA), state environmental agencies and local emergency response organizations. This report, referred to as the Form R, quantifies the amount of each listed substance that is released by a facility to the air, water or land. The report also provides the amount of these substances the facility has "manufactured, processed or otherwise used."

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4. Q. What does TRI mean by "release" to the air, water or land?

A. For metals mining facilities, a "release" to the land includes all of the rock and processed rock the mine moves, stores or disposes of on the mine site. This material makes up between 80-95% of the volume of substances metals mines report and makes the TRI reports from metals mines unlike the reports from other industries in that most of the reported material is contained in managed facilities on the mine site. TRI also defines "release" as emissions to the air and discharges to the waterways.

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5. Q. Why is this the first year mining operations are reporting TRI data?

A. TRI traditionally has applied to industrial facilities that use or manufacture a large number of chemicals. In 1997, EPA expanded the list of reporting industries to include metal and coal mining operations. July 1, 1999 was the first time mining operations reported under TRI.

6. Q. Why was TRI expanded to include mining operations?

A. Metals and coal mining operations are among 6 industrial categories that were added to TRI in 1997. According to EPA, approximately 30,000 facilities report annually. In general, EPA has responded to the public’s support of TRI by broadening its scope./p>

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7. Q. How is TRI data used?

A. TRI is used to inform the public about operations in their state or community. EPA compiles all of the reports into a national database and issues state-by-state summaries usually in the Spring following the July 1st reporting deadline. This report, which is published and made available in the internet, summarizes all of the data by chemical, state, federal facilities and industry. It also summarizes releases by type and environmental medium, and provides lists of such things as total releases, and Top 5/Top 10 chemical releases, and Top 5/ Top 10 OSHA carcinogen releases and, it makes comparisons with previous years’ reports.

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8. Q. Does TRI require companies to do anything about their releases?

A. TRI is intended to provide information to the public—it is not meant to impose any regulations. Releases reported by mining companies are regulated by a variety of other state and federal laws and regulations.

9. Q. About how many of the nearly 650 substances listed under TRI will mining companies be reporting on?

A. Metals mines will be reporting on approximately 20 substances. Most of them are naturally occurring substances, such as copper and copper compounds, that remain in the unneeded rock and processed rock that is moved, stored or disposed of in managed facilities at the mine site.

Many coal mines do not use sufficient quantities of the listed substances to be covered by TRI. Those coal mines that are covered by TRI will be reporting on practices that are specific to their operations.

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10. Q. Is the information contained in a TRI report available any place else?

A. Yes. A variety of state and federal laws and regulations, including operating permits for individual mines, include almost all of the information included in a TRI report. Many mining companies also publish a summary of their TRI report on their Web site.

11. Q. Does the TRI report provide information on the risk posed by the substances covered by TRI?

A. TRI is a volume or weight-based report. It is not intended to assess risk. One of the criticisms of the program is that TRI data cannot be used to determine actual toxicity, exposure, or risk associated with the releases that are reported.

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12. Q. Why will metals mining companies report such large volumes of TRI substances?

A. Metals mines move, store and dispose of very large volumes of rock and surrounding materials to extract the metal—gold and copper, for example. Naturally occurring listed substances remain in this unneeded rock and must be reported under TRI. Nothing in the mining process adds to the level of naturally occurring listed substances in the rock.

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13. Q. What is the purpose of the mining industry’s suit against EPA on TRI?

A. The industry is challenging the EPA’s interpretation of certain provisions and definitions under TRI as a way to protect the industry’s rights. Our goal is to make the information provided under TRI more meaningful to the public.

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