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Current Phase: Withdrawn (What's this?)

This Web page will be retained for 1 year for historical purposes, and then it will be removed from Reg DaRRT.

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.