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EPA/OEI

RIN: 2025-AA11

Publication ID: Spring 2002

Title: Clarify TRI Reporting Obligations Under EPCRA Section 313 for the Metal Mining Activities of Extraction and Beneficiation
Abstract: 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 stating that naturally occurring ores can not be manufactured within the meaning of 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. In this rule, EPA is also planning to review the de minimis exemption. This action will not affect the coal extraction activities exemption.
Agency: Environmental Protection Agency(EPA)	Priority: Substantive, Nonsignificant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: Undetermined	Unfunded Mandates: No
CFR Citation: 40 CFR 372
Legal Authority: 42 USC 11001 et seq

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	12/00/2002
Final Action	12/00/2003

Additional Information: SAN No. 4616
Regulatory Flexibility Analysis Required: Undetermined	Government Levels Affected: Undetermined
Small Entities Affected: Businesses	Federalism: No
Included in the Regulatory Plan: No
Agency Contact: Marc Edmonds Environmental Protection Agency Office of Environmental Information 2844T, Washington, DC 20460 Phone:202 566-0758 Fax:202 566-0741 Email: edmonds.marc@epamail.epa.gov John Dombrowski Environmental Protection Agency Office of Environmental Information 2842T, Washington, DC 20460 Phone:202 566-0744 Fax:202 566-0677 Email: dombrowski.john@epamail.epa.gov