EPCRA Section 313 requires covered facilities to report information on releases and other waste management of TRI-listed chemicals. Are nitrite compounds considered a listed toxic chemical category or are any individual nitrite compounds TRI-listed for the purposes of Section 313 threshold and release and waste management determinations?
The toxic chemical release reporting requirements apply to chemicals and chemical categories listed in 40 CFR §372.65. Nitrite compounds are not included in the nitrate compounds toxic chemical category, and there is no specific “nitrite compounds” category. However, one nitrite compound, sodium nitrite, is individually listed as a toxic chemical in §372.65. Therefore, although nitrite compounds are not covered as a whole under TRI, sodium nitrite (a nitrite compound) is listed in 40 CFR §372.65. Facilities subject to the TRI reporting requirements that manufacture, process or otherwise use sodium nitrite in quantities that exceed a threshold for any of these activities and meet all other reporting requirements under EPCRA section 313 are required to report on sodium nitrite.