Final Rule: DINP Category Added to EPCRA Reporting

Posted on 7/25/2023 by Roger Marks

Update 07/18/23

Effective September 12, 2023, US EPA added diisononyl phthalate (DINP) as a category to the list of toxic chemicals that require reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA).

DINP is mainly used as a plasticizer in plastic and rubber products. Public TSCA reporting from 2016 shows that yearly production volume of DINP was between 200 and 500 million pounds at that time. Some DINP chemicals have been found to cause "serious or irreversible reproductive dysfunctions" as well as serious developmental, kidney, and liver toxicity effects in humans.

The next due date for Toxics Release Inventory (TRI) reporting is July 1, 2024. 

Background: EPA Adds DINP Category for EPCRA TRI 

EPA is adding a category for diisononyl phthalate (DINP) to the list of toxic chemicals subject to annual reporting under the EPCRA Toxics Release Inventory (TRI) reporting regulations in 40 CFR Part 372.

Sometimes referred to as SARA 313 or Form R reporting, section 313 of EPCRA requires facilities that manufacture, import, process, or use certain chemicals to report annually to EPA about their activities if they exceed regulatory thresholds.

Final Rule: DINP Category Added to EPCRA Reporting

From the rule:

“EPA is now proposing to list the DINP category based on our preliminary conclusion that it is reasonably anticipated to cause cancer and serious or irreversible chronic health effects including developmental, kidney, and liver toxicity.”

DINP is a family of colorless, oily liquids used as plasticizers, particularly in the production of polyvinyl chloride (PVC).

A petition to add DINP to the EPCRA 313 reporting program was submitted in 2000, prompting EPA to complete a hazard assessment and propose a rule to add the category to the list of reportable substances. EPA revised its hazard assessment based on comments received and requested further comment with a notice of data availability (NODA) in 2005.

The rulemaking effort was never finalized. Last year, a settlement was reached which compelled EPA to add DINP to the TRI list no later than January 31, 2023.

Online Training for EPCRA (Right-to-Know) & CERCLA (Superfund) 

Many facilities that manufacture, process, and use hazardous chemicals must comply with detailed requirements for chemical inventory reporting, release reporting, and emergency preparedness.

The Superfund and Right-to-Know Act Regulations online course familiarizes EHS professionals with the complex planning and reporting responsibilities in the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

Tags: chemicals, environmental compliance, environmental reporting, EPCRA, TRI

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