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  2. Toxics Release Inventory (TRI) Program

Addition of Diisononyl Phthalate Category Rule

Addition of Diisononyl Phthalate Category Rule
Basic Information
Legal Authorities
  • 42 U.S.C. §11023
  • 42 U.S.C. §11048
Federal Register Citations
  • 88 FR 45089
  • 87 FR 48128
Code of Federal Regulations Citations
  • 40 CFR Part 372
Docket Numbers
  • EPA-HQ-TRI-2022-0262
  • EPA-HQ-TRI-2005-0004
Effective Date
  • September 12, 2023

On this page:

  • Rule Summary
  • Rule History
  • Additional Resources

Rule Summary

In July 2023, EPA finalized a rule to add diisononyl phthalate (DINP) category to the list of toxic chemicals subject to the Toxics Release Inventory (TRI) reporting requirements under the Emergency Planning and Community Right-to-Know Act and the Pollution Prevention Act.

The rule requires certain facilities in certain industry sectors (including federal facilities) that manufacture or process more than 25,000 pounds of DINP-category chemicals per year, or otherwise use more than 10,000 pounds of DINP-category chemicals per year, to report certain information to TRI. The data will include quantities of DINP-category chemicals that were released into the environment or otherwise managed as waste.

As of January 1, 2024, facilities subject to TRI reporting requirements should start tracking their activities involving DINP as required by Section 313 of the Emergency Planning and Community Right-to-Know Act. 

EPA has also published an updated hazard assessment, which finds that DINP-category chemicals can reasonably be anticipated to cause reproductive dysfunctions and serious or irreversible chronic health effects in humans; specifically, developmental effects, kidney toxicity, and liver toxicity.

In May 2022, EPA agreed through a consent decree to either finalize a rule adding DINP to the TRI chemical list, or to withdraw the 2000 proposal.

Read the Federal Register notice. 

Rule History

On February 29, 2000, EPA received a petition from the Washington Toxics Coalition (WTC) (which is now called Toxic-Free Future) requesting EPA to add DINP to the list of toxic chemicals subject to reporting under EPCRA Section 313 and PPA Section 6607. The WTC contended that DINP causes cancer, systemic toxicity, developmental toxicity, and endocrine disruption, and therefore should be added to the TRI chemical list. The petitioner alleged that DINP is ‘‘a dangerous phthalate ester that is used as the principal plasticizer in toys and many other products used by children and adults.’’ WTC also claimed that ‘‘DINP has been shown to cause cancer and other very serious toxic effects." 

After a review of the available data, EPA proposed a rule to add DINP as a category to the EPCRA section 313 list based on DINP’s carcinogenicity and liver, kidney, and developmental toxicity. In response to comments on the proposal, EPA revised its hazard assessment for DINP, conducted an external peer review, and issue a notice of data availability requesting comments on the revised hazard assessment.

In 2022, EPA agreed through a consent decree to either finalize a rule adding a DINP category to the TRI chemical list or withdraw the 2000 proposal. EPA finalized a rule adding a DINP category to the TRI list in July 2023.

Additional Resources

Documents from Previous Rulemaking

Notice of Data Availability (PDF)(4 pp, 187 K, About PDF)
Extension of Comment Period (PDF)(2 pp, 246 K, About PDF)
Proposed Rule (PDF)(9 pp, 297 K, About PDF)

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Last updated on June 25, 2024
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