Pursuant to EPCRA §313(d), only EPA has the statutory authority to add or delete chemicals from the TRI toxic chemicals list. However, EPCRA §313(e)(2) allows states and Tribes to petition EPA to add or delete chemicals. If EPA receives a petition from a state or tribe that requests the addition of a particular chemical, EPA would have 180 days to respond with either the initiation of a rulemaking to add the chemical to the list or an explanation of why the petition does not meet the requirements to add a chemical to the list. If EPA does not respond within 180 days of receipt of a state or tribe’s petition to add a chemical, the chemical would be added to the list pursuant to EPCRA §313(e)(2). Within 180 days of receipt of a state or tribe’s petition to delete a chemical, EPA would either initiate a rulemaking to delete the chemical or explain why EPA denied the petition; however, unlike the analogous process for petitions to add a chemical, the chemical would not be deleted within 180 days if EPA failed to respond to the petition.
In addition, pursuant to EPCRA §313(e)(1), any person may petition EPA to add or delete a chemical from the list of TRI toxic chemicals. If EPA receives a petition by a private citizen to add a chemical and EPA fails to respond within 180 days, the chemical would not necessarily be added. This result distinguishes citizen petitions to add a chemical from petitions to add a chemical by a state or tribe.