Toxics Release Inventory Laws and Regulatory Activities
Laws and Executive Orders
- Emergency Planning and Community Right-to-Know Act (EPCRA): In 1986, Congress passed EPCRA, section 313 of which created the Toxics Release Inventory (TRI).
- Pollution Prevention Act (PPA): In 1990, Congress passed the PPA, section 6607 of which required that facilities report additional data on waste management and source reduction activities to TRI.
- Code of Federal Regulations (CFR): The CFR is the codification of rules published in the Federal Register by the executive departments and agencies of the federal government. It is divided into 50 titles that represent broad areas subject to federal regulation, with environmental regulations contained mainly in title 40.
- TRI regulations can be found at 40 CFR Part 372.
- Executive Orders: An Executive Order (EO) in 1993 required federal facilities to comply with Section 313 of EPCRA regardless of their primary North American Industry Classification System (NAICS) code. Subsequent EOs have not changed this requirement.
- Federal Compliance With Right-To-Know Laws and Pollution Prevention Requirements (PDF)
EO 12856: August 3, 1993(6 pp, 124 K)
- Greening the Government Through Leadership in Environmental (PDF) EO 13148: April 21, 2000(11 pp, 280 K)
- Strengthening Federal Environmental, Energy, and Transportation Management (PDF)
EO 13423: January 24, 2007(5 pp, 140 K)
- Planning for Federal Sustainability in the Next Decade (PDF)
EO 13693: March 19, 2015(16 pp, 196 K)
- Executive Order Regarding Efficient Federal Operations (PDF)
EO 13834: May 17, 2018 (4 pp, 178 K)
- Federal facilities are expected to continue to comply with TRI reporting requirements.
- Federal Compliance With Right-To-Know Laws and Pollution Prevention Requirements (PDF)
The TRI Program is modified over time through rulemakings. The most recent are listed below. Note that all rules published in the Federal Register by the TRI Program are also found in the Code of Federal Regulations. TRI regulations can be found at 40 CFR Part 372.
- Addition of NPEs Category (Finalized in June 2018): EPA finalized a rule that adds a category of 13 specific nonylphenol ethoxylates (NPEs) to the list of chemicals subject to TRI reporting. NPEs are nonionic surfactants used in adhesives, wetting agents, emulsifiers, stabilizers, dispersants, defoamers, cleaners, paints, and coatings.
- Adoption of 2017 North American Industry Classification System (NAICS) Codes for TRI Reporting (Finalized in December 2017): EPA issued a final rule to update the NAICS codes used to classify facilities subject to reporting under Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA).
- Addition of Natural Gas Processing Facilities to List of Covered Sectors (Proposed in January 2017): EPA proposed a rule that would add natural gas processing facilities to the scope of the industrial sectors covered by the TRI Program. This rule proposes to expand coverage to all natural gas processing facilities, which receive and refine natural gas. Natural gas processing facilities that primarily recover sulfur from natural gas are already covered by TRI. Facilities primarily engaged in natural gas extraction (e.g., exploration, fracking, etc.) are not included in this proposal.
- Addition of Hexabromocyclododecane (HBCD) Category (Finalized in November 2016): EPA published a final rule to add a ;Hexabromocyclododecane (HBCD) category to the list of chemicals subject to TRI reporting. HBCD presents potential human health concerns for developmental and reproductive effects, is highly toxic to aquatic and land-dwelling organisms, bioaccumulates, and is persistent in the environment.
- Addition of 1-Bromopropane (Finalized in November 2015): EPA published a final rule to add 1-bromopropane to the list of chemicals subject to TRI reporting. The National Toxicology Program classifies 1-brompropane as "reasonably anticipated to be a human carcinogen."
TRI rulemakings are grouped below based on whether they are related to chemicals, industry sectors or other changes in TRI reporting requirements.
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- Related to Toxic Chemicals Covered by TRI
- Related to Industry Sectors Covered by TRI
- Related to Other Changes in TRI Reporting Requirements
Addition of 1-Bromopropane
Addition of Certain Chemicals
Addition of National Toxicology Program Carcinogens
Chromite Ore from the Transvaal Region of South Africa
Deletion of Certain Chemicals
Diisononyl Phthalate Category
Dioxin and Dioxin-Like Compounds Toxic Equivalency Reporting Rule
Ethylene Glycol Monobutyl Ether
Lead and Lead Compounds; Lowering of Reporting Thresholds
Methyl Isobutyl Ketone
Methyl Ethyl Ketone
Persistent Bioaccumulative Toxic (PBT) Chemicals;
Lowering of Reporting Thresholds for Certain PBT Chemicals;
Addition of Certain PBT Chemicals
Addition of Natural Gas Processing Facilities to List of Covered Sectors
Addition of Facilities in Certain Industry Sectors
Adoption of 2012 North American Industry Classification System (NAICS) Codes for TRI Reporting
Adoption of 2017 North American Industry Classification System (NAICS) Codes for TRI Reporting
Toxic Chemical Release Reporting Using North American Industry Classification System (NAICS)
TRI Metal Mining Information
Note: This rule was withdrawn in 2011.
Articles Exemption Clarification Proposed Rule
Electronic Reporting of Toxics Release Inventory Data
TRI Burden Reduction RuleNote: The Omnibus Appropriations Act of 2009 reverts the TRI reporting requirements to those prior to this rule. This rule is no longer in effect.
TRI Reporting in Indian Country
TRI Reporting Forms Modification Rule
Toxics Release Inventory Form A Eligibility Revisions
Implementing the 2009 Omnibus Appropriations Act
Any person may petition EPA to add a chemical to or remove a chemical from the TRI list. Additionally, under the Administrative Procedure Act (APA), federal agencies must give interested persons the right to petition for the issuance, amendment, or repeal of a rule, which allows interested persons to solicit changes to the reporting requirements for TRI. 5 U.S.C. § 553(e).
Current petitions being considered by the TRI Program:
- Petition to Add 25 Chemicals to the TRI List of Toxic Chemicals
Information Collection Requests (ICRs)
An ICR is a set of documents that describe reporting, record keeping, survey or other information collection requirements imposed on the public by EPA. The ICR provides an overview of the collection and estimates the cost and time for the public to respond. The public may view an ICR and submit comments on it at any time. TRI ICRs are resubmitted for approval by the Office of Management and Budget (OMB) every 2-3 years.
Current TRI ICR Renewal (Finalized on 10/5/2018)
Below is a summary of changes to the TRI Reporting Forms and Instructions in the 2018 TRI ICR Renewal.
The Bureau of Indian Affairs (BIA) code is now a separate element on the Form R and Form A Certification Statement. The BIA code will now have its own field in Part I, Section 4.1. It had been located in the “City/County/Tribe/State/ZIP Code” field. No new information is required.
A facility must now indicate if it is filing a combined form for an elemental metal and a metal compound. TRI policy allows for a facility reporting on an elemental metal and a metal compound to include data on both the chemical and chemical category on a metal compound reporting form. A facility now needs to indicate when it is combining the two forms into one report.
Activities and Uses of the EPCRA Section 313 Chemical at the Facility section on the Form R now requires a facility to indicate more specific subcategories for certain processing and otherwise use activities. Facilities indicate whether the reported ECRA Section 313 chemical is manufactured (including imported), processed, or otherwise used by the facility and the general nature of such activities and uses at the facility during the calendar year. Specifically, processing categories “as a reactant” and “as a formulation component” now contain subcategories as do all otherwise use categories (i.e., "as a chemical processing aid," "as a manufacturing aid," and "ancillary or other use").
“Recycling” is now an activity under processing in Part II, Section 3.2. The Form R now provides a selectable recycling activity in Part II, Section 3.2. Previously, a facility would select the “repackaging” checkbox in Section 3.2 if it processed or prepared an EPCRA Section 313 chemical (or product mixture) for distribution in commerce in a different form, state, or quantity for purposes of recycling. Now, a facility would select “recycling” for any processing that occurs for the purpose of recycling and the instructions for “repackaging” now exclude these recycling processing activities from its use.
A facility may indicate that on-site disposal includes quantities of the chemical being managed in “waste rock piles.” Part II, Section 5.5 provides an optional “waste rock piles” element. Waste rock refers to rock that contains insufficient metal concentration to economically process at any given time and is thus typically removed from a mine to allow access to the ore-grade rock. A facility may indicate that quantities reported in this section were managed in waste rock piles and may provide the quantity of the chemical managed in such piles.
New management codes for transfers of waste to POTWs for Part II, Section 6.1 reporting. Reporting of transfers to POTWs now more closely aligns with how transfers to other off-site locations are reported. Facilities will report quantities individually with waste management activities for each POTW. Because not all facilities may have POTW waste management information, EPA is providing two codes that a facility should use when the ultimate disposition of the chemical is unknown.
New barrier code for use when a reduction does not appear to be technically feasible (Part II: Section 8.11). There may be situations where a facility may find itself unable to conduct a source reduction activity for an industrial operation for reasons other than technical or financial support. Now, a facility may elect to provide information related to such situations by selecting “B8: Reduction does not appear to be technically feasible.” The prior B8 (“B8: Other barriers”) has been recategorized as B99 (“B99: Other barriers”).
Form A Certification now provides a field for providing optional information on each chemical listed (Part II: Section 9.2). Facilities have long been able to provide optional information on a Form R. Facilities now may provide optional information on a Form A Certification Statement. In addition to a catch-all open text box, EPA is providing checkboxes for a facility to provide optional information on specific topics: “Changes in Production Levels,” “Source Reduction Activity Reduced Activity Involving this Chemical,” “One-Time or Intermittent Events Involving this Chemical,” and “No TRI Report Expected for this Chemical Next Year.”
Below are Federal Register notices and documents related to this renewal:
- Notice of ICR Renewal Request (PDF) (2 pp, 215 K)
- Notice of Intent to Request ICR Renewal (PDF) (2 pp, 214 K)
- Docket for 2017 TRI ICR Renewal (Includes Supporting Documents)
Prior TRI ICR Renewals
TRI ICRs are resubmitted for approval by the Office of Management and Budget (OMB) every 2-3 years.