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Regulatory Development and Retrospective Review Tracker

Modification of Toxics Release Inventory (TRI) Reporting Requirements Primarily Associated with Metal Mining

a.k.a. TRI Reporting Obligations for Metal Mining Activities

RIN: 2025-AA11 (What's this?)

Docket No.: EPA-HQ-OEI-2009-0453 (What's this?)

Current Phase: Pre-Proposal (What's this?)

The Toxics Release Inventory (TRI) currently requires reporting from metal mining facilities if they manufacture or process 25,000 pounds or more of a listed chemical or otherwise use 10,000 pounds or more of a listed chemical. These mining facilities engage in the removal of naturally occurring materials from the earth.

EPA had considered naturally occurring materials to be manufactured by natural processes. A recent court order set aside EPA's interpretation of manufacture in the mining context, stating that naturally occurring ores in situ have not been manufactured within the meaning of Emergency Planning and Community Right to Know Act (EPCRA) section 313. EPA is considering clarifying how the definitions of manufacturing and processing under EPCRA section 313 apply to the mining sector processes of extraction and beneficiation. This action will not affect the coal extraction activities exemption.

NPRM: Sent to OMB for Regulatory Review05/13/2011
NPRM: Received by OMB05/13/2011
NPRM: Published in FR00/0000 (projected)

Potential Effects

Environmental Justice
This rulemaking involves a topic that is likely to be of particular interest to or have particular impact upon minority, low-income, tribal, and/or other vulnerable populations because:

  • This topic is likely to result in the collection of information or data that could be used to assess potential impacts on the health or environmental conditions of vulnerable populations.
  • This topic is likely to affect the availability of information to vulnerable populations.

Small Entities
EPA notifies the public when a rulemaking is likely to 1) have any adverse economic impact on small entities even though a Regulatory Flexibility Analysis may not be required and/or 2) have significant adverse economic impacts on a substantial number of small entities. The term "small entities" includes small businesses, small governments, and small not-for-profits. (Read a longer explanation on our Small Entities web page.) This rulemaking is likely to impact small entities in the following way(s):
  • Likely to have any adverse economic impact on:
    • small businesses

Participate / Learn More Regulatory Review

Some of EPA's rulemakings undergo regulatory review (What's this?), as prescribed by Executive Order 12866 and coordinated by the Office of Management and Budget (OMB). The following list describes which of this rulemaking's stages have completed review and published in the Federal Register, if any, and provides links to the review documents where available. Consult the "Timeline" section of this Web page for the dates of each review.

  • NPRM - This stage of the rulemaking underwent review.
Citations & Authorities

Code of Federal Regulations (CFR) Citation
40 CFR 372

Legal Authority
42 USC 11001 et seq


This site provides summaries of priority rulemakings and priority retrospective reviews of existing regulations. We update most of the site at the beginning of each month, though some data is updated more frequently if it is time sensitive. The information on this site is not intended to and does not commit EPA to specific conclusions or actions. For example, after further analysis, EPA may decide the effects of a rule would be different or it may decide to terminate a rulemaking.

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