Skip to main content
U.S. flag

An official website of the United States government

Here’s how you know

Dot gov

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

HTTPS

Secure .gov websites use HTTPS
A lock (LockA locked padlock) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

    • Environmental Topics
    • Air
    • Bed Bugs
    • Cancer
    • Chemicals, Toxics, and Pesticide
    • Emergency Response
    • Environmental Information by Location
    • Health
    • Land, Waste, and Cleanup
    • Lead
    • Mold
    • Radon
    • Research
    • Science Topics
    • Water Topics
    • A-Z Topic Index
    • Laws & Regulations
    • By Business Sector
    • By Topic
    • Compliance
    • Enforcement
    • Laws and Executive Orders
    • Regulations
    • Report a Violation
    • Environmental Violations
    • Fraud, Waste or Abuse
    • About EPA
    • Our Mission and What We Do
    • Headquarters Offices
    • Regional Offices
    • Labs and Research Centers
    • Planning, Budget, and Results
    • Organization Chart
    • EPA History

Breadcrumb

  1. Home
  2. Toxics Release Inventory (TRI) Program

Articles Exemption Clarification Proposed Rule

Articles Exemption Clarification Proposed Rule
Basic Information
Legal Authorities
  • 42 U.S.C. §11023
  • 42 U.S.C. §11048
Federal Register Citations
  • 74 FR 42625
Code of Federal Regulations Citations
  • 40 CFR Part 372
Docket Numbers
  • EPA-HQ-TRI-2009-0602

On this page:

  • Rule Summary
  • Rule History
  • Additional Resources

Rule Summary

In 2009, EPA proposed to take two actions relating to the articles exemption under the Toxics Release Inventory (TRI) Program. First, EPA proposed to formally remove a paragraph of guidance dealing with releases due to natural weathering of products that appeared in the Reporting Forms and Instructions (RFI) from 1988 to 2001. This guidance was absent from the RFI after 2001, but formal notice of its removal was never issued. With this proposed rule, EPA intended to provided notice that this language has been removed and may not be relied on by reporting facilities. Second, EPA proposed an interpretation of how the articles exemption applies to the Wood Treating Industry, specifically to treated wood that has completed the treatment process.

Rule History

Reasons for Issuing Proposed Rule

EPA learned that some confusion exists in the regulated community regarding a paragraph of guidance formerly found in the RFI, and that the wood treating industry had relied upon a misinterpretation of the paragraph in determining the amount of reportable releases from their facilities.

Definition of "Article"

As defined in the TRI regulations, an article is a manufactured item (1) which is formed to a specific shape or design during manufacture; (2) which has end use functions dependent in whole or in part upon its shape or design during end use; and (3) which does not release a toxic chemical under normal conditions of processing or use of that item at the facility or establishments.

Explanation of the Articles Exemption

The articles exemption states that if a toxic chemical is present in an article at a covered facility, that facility is not required to consider the amount of the toxic chemical(s) contained in the article when calculating reportable quantities of TRI-listed chemicals. EPA created this very limited exemption to simplify reporting requirements. EPA has provided guidance materials to help regulated facilities understand the exemption.

EPA's Interpretation of the Articles Exemption as it Relates to the Wood Treating Industry

According to the language of the articles exemption, if a release of a toxic chemical occurs as a result of the processing or use of an item at the facility, that item does not meet the definition of an article, and the releases from the item are not exempt. Therefore, chemical releases from treated wood that is in storage must be reported, because the releases occur as a result of the wood's earlier processing or use.

Impact of This Rule on TRI Reporting Facilities

Under this rule, covered facilities will no longer be able to rely on the RFI guidance paragraph as a basis for not reporting certain toxic releases. Additionally, EPA's clarification of the articles exemption requires wood treating facilities to be more accurate and inclusive in their TRI calculations. This proposed rule is expected to create additional burden for only the wood preservation industry. EPA estimates that 252 wood preservation facilities will be affected by the rule, with a total estimated one-time compliance burden of $14,000.

Additional Resources

Proposed Rule (PDF)(7 pp, 156 K, About PDF)

Toxics Release Inventory (TRI) Program

  • What is TRI?
    • Covered Chemicals
    • Covered Industry Sectors
    • Data Quality
  • Reporting for Facilities
    • Guidance (GuideME)
    • Reporting Software (TRI-MEweb)
    • Laws & Regulatory Activities
    • Enforcement
  • TRI Data & Tools
  • Pollution Prevention
    • Guide to Using TRI Data to Reduce Pollution in Your Community
    • P2 Analyses
    • P2 Resources
  • TRI Data in Action
    • Data Uses Catalog
    • TRI for Communities
    • TRI for Advocacy Organizations
    • TRI for Researchers
    • TRI for the Press
    • TRI for Industry
    • TRI for Government
    • TRI for Tribes
    • What You Can Do
  • TRI Site Map
TRI Program Contacts
Contact Us to ask a question, provide feedback, or report a problem.
Last updated on January 30, 2025
  • Assistance
  • Spanish
  • Arabic
  • Chinese (simplified)
  • Chinese (traditional)
  • French
  • Haitian Creole
  • Korean
  • Portuguese
  • Russian
  • Tagalog
  • Vietnamese
United States Environmental Protection Agency

Discover.

  • Accessibility Statement
  • Budget & Performance
  • Contracting
  • EPA www Web Snapshot
  • Grants
  • No FEAR Act Data
  • Plain Writing
  • Privacy
  • Privacy and Security Notice

Connect.

  • Data
  • Inspector General
  • Jobs
  • Newsroom
  • Regulations.gov
  • Subscribe
  • USA.gov
  • White House

Ask.

  • Contact EPA
  • EPA Disclaimers
  • Hotlines
  • FOIA Requests
  • Frequent Questions
  • Site Feedback

Follow.