TRI 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).
  • Get a short guide to EPCRA or a one-page factsheet
  • Read the full text of EPCRA
  • Learn more about EPCRA

• 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.
  • Read a summary of the PPA
  • Read the full text of the PPA
  • Learn more about TRI's pollution prevention data

• ​National Defense Authorization Act (NDAA) for Fiscal Year 2020: In 2019, Congress passed the NDAA for Fiscal Year 2020, Section 7321 of which added certain per- and polyfluoroalkyl substances (PFAS) to the list of chemicals covered by TRI and provided a framework for listing additional PFAS.
  • Read a summary of Section 7321 of the NDAA for Fiscal Year 2020

• 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 is signed by the President and has the force of law. In 1993, President Clinton signed an EO requiring 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
  • Greening the Government Through Leadership in Environmental Management (PDF): EO 13148: April 21, 2000
  • Strengthening Federal Environmental, Energy, and Transportation Management (PDF): EO 13423: January 24, 2007
  • Planning for Federal Sustainability in the Next Decade (PDF): EO 13693: March 19, 2015
  • Executive Order Regarding Efficient Federal Operations (PDF): EO 13834: May 17, 2018

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Recent/Ongoing Rulemakings

The EPA's TRI Program is modified over time through rulemakings. The agency's most recent rulemaking activities are listed below. 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.

Date	Action	Description
January 2025	Clarification to Supplier Notifications Due to Automatic Additions of PFAS Under the NDAA	This proposed rule clarifies when companies must notify a customer that one of their mixtures or trade name products contains a PFAS listed on the TRI in accordance with Sec. 7321(c) of the Fiscal Year 2020 National Defense Authorization Act. Find out more about the proposed rule.
January 2025	Implementation of Statutory Addition of Nine PFAS to the Toxics Release Inventory Beginning with Reporting Year 2025	This rule adds nine PFAS to the TRI list, bringing the total PFAS subject to TRI reporting to 205. Find out more about the final rule.
October 2024	Proposed Addition of Certain PFAS to the Toxics Release Inventory	This proposed rule would add 16 individual PFAS and 15 PFAS categories to the TRI and designate them as chemicals of special concern. EPA also proposed to reclassify some PFAS previously added to the TRI individually as part of a PFAS category and clarify how PFAS are automatically added to the TRI under the NDAA. Find out more about the proposed rule.
May 2024	Implementation of Statutory Addition of Seven PFAS to the Toxics Release Inventory Beginning with Reporting Year 2024	This rule adds seven PFAS to the TRI list, bringing the total PFAS subject to TRI reporting to 196. Find out more about the final rule.
October 2023	Changes to Reporting Requirements for Per- and Polyfluoroalkyl Substances (PFAS) and to Supplier Notifications for Chemicals of Special Concern	This rule designates PFAS subject to TRI reporting to the list of Lower Thresholds for Chemicals of Special Concern. Find out more about the final rule.
June 2023	Implementation of Statutory Addition of Nine PFAS to the Toxics Release Inventory Beginning with Reporting Year 2023	This rule adds nine PFAS to the TRI list, bringing the total PFAS subject to TRI reporting to 189. Find out more about the final rule.
June 2023	Addition of Diisononyl Phthalate (DINP) Category to the TRI	This rule adds DINP chemicals to the TRI chemical list. Find out more about the final rule.
November 2022	Adoption of 2022 North American Industry Classification System	This rule updates the list of NAICS codes subject to reporting under TRI to reflect the Office of Management and Budget (OMB) 2022 NAICS code revision. Find out more about the final rule.
November 2022	Addition of Certain Chemicals to the Toxics Release Inventory	This rule adds 12 chemicals to the TRI list, including one persistent bioaccumulative toxic (PBT) chemical with a 100-pound reporting threshold. Find out more about the final rule.
October 2022	Parent Company Definition for TRI Reporting	This rule formally defines "parent company" for TRI reporting purposes. Find out more about the final rule.
November 2021	Addition of Natural Gas Processing Facilities to the TRI	This rule adds natural gas processing facilities to the scope of the industrial sectors covered by TRI. Find out more about the final rule.

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Discretionary Authority

• Discretionary Authority to Extend TRI Reporting Requirements to Certain EtO Facilities (December 2021):  EPA issued a final determination under EPCRA Section 313 (b)(2) to extend TRI reporting requirements to 29 facilities for ethylene oxide (EtO) and to 16 facilities for ethylene glycol. 
  • Find out more about this action.

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Past Rulemakings

TRI rulemakings are grouped below based on whether they are related to chemicals, industry sectors or other changes in TRI reporting requirements.

• Related to Toxic Chemicals Covered by TRI
• Related to Industry Sectors Covered by TRI
• Related to TRI Reporting Requirements, Generally

Related to Toxic Chemicals Covered by TRI

These are listed alphabetically by chemical name.

1-Bromopropane

• Addition of 1-Bromopropane - Final Rule - November 23, 2015

Acetonitrile

• Denial of Petition - March 5, 2013

Chlorsulfuron

• Denial of Petition – December 9, 2013

Chromite Ore from the Transvaal Region of South Africa

• Delisting of Chromite Ore from the Transvaal Region of South Africa - Final Rule - May 11, 2001

Diisononyl Phthalate Category

• Addition of Diisononyl Phthalate Category - Proposed Rule - September 5, 2000

Dioxin and Dioxin-Like Compounds

• Toxic Equivalency Reporting - Final Rule - May 10, 2007

Ethylene Glycol Monobutyl Ether

• Denial of Petition - October 8, 2015

Hexabromocyclododecane (HBCD) Category

• Addition of HBCD Category- Final Rule - November 28, 2016

Hydrochloric Acid

• Delisting of Non-Aerosol Forms of Hydrochloric Acid - Final Rule - July 25, 1996

Hydrogen Sulfide

• Lifting of Administrative Stay on Reporting - October 17, 2011

Lead and Lead Compounds

• Lowering of Reporting Thresholds - Final Rule - January 17, 2001

Methyl Isobutyl Ketone

• Denial of Petition - February 23, 1999

Methyl Ethyl Ketone

• Deletion of Methyl Ethyl Ketone - Final Rule - June 30, 2005

Nonylphenol Category

• Addition of Nonylphenol Category - Final Rule – September 30, 2014

Nonylphenol Ethoxylates (NPEs) Category

• Addition of Nonylphenol Ethoxylates Category - Final Rule – June 7, 2018

o-Nitrotoluene

• Addition of o-Nitrotoluene - Final Rule - November 7, 2013

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Rulemakings Associated with More Than One Chemical

These are listed chronologically, with the most recent rulemaking first.

• Implementing Statutory Addition of Certain Per- and Polyfluoroalkyl Substances to the TRI Beginning with Reporting Years 2021 and 2022 - July 2022
• Implementing Statutory Addition of Certain Per- and Polyfluoroalkyl Substances to the TRI Beginning with Reporting Year 2021 – June 2021
• Implementing Statutory Addition of Certain PFAS to the TRI Chemical List - Final Rule - June 22, 2020
• Addition of Certain Per- and Polyfluoroalkyl Substances (PFAS) - Advance Notice of Proposed Rulemaking - December 4, 2019
• Addition of National Toxicology Program Carcinogens - Final Rule - November 26, 2010
• Addition of Certain PBTs; Lowering of Reporting Thresholds - Final Rule - October 29, 1999
• Deletion of Certain Chemicals - Final Rule - April 22, 1998
• Addition of Certain Chemicals - Final Rule - November 30, 1994

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Related to Industry Sectors Covered by TRI

These are listed chronologically, with the most recent rulemaking first.

Adoption of 2017 North American Industry Classification System (NAICS) Codes for TRI Reporting

• Final Rule - December 26, 2017

TRI Metal Mining Information

• Withdrawn Draft Notice of Proposed Rulemaking - February 2014

Adoption of 2012 North American Industry Classification System (NAICS) Codes for TRI Reporting

• Direct Final Rule - August 18, 2013

Toxic Chemical Release Reporting Using North American Industry Classification System (NAICS)

• Final Rule - June 6, 2006

Addition of Facilities in Certain Industry Sectors

• Final Rule - May 1, 1997

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Related to TRI Reporting Requirements, Generally

These are listed chronologically, with the most recent rulemakings first.

Corrections to TRI Reporting Requirements

• Final rule - July 14, 2020

Electronic Reporting of Toxics Release Inventory Data

• Final Rule - August 27, 2013

TRI Reporting for Facilities in Indian Country

• Final Rule - April 19, 2012

Articles Exemption Clarification

Note: This rule was withdrawn in 2011.

• Proposed Rule - August 17, 2009

Toxics Release Inventory Form A Eligibility Revisions
Implementing the 2009 Omnibus Appropriations Act

• Final Rule - April 27, 2009

TRI Burden Reduction Rule

Note: The Omnibus Appropriations Act of 2009 reverts the TRI reporting requirements to those prior to this rule. This rule is no longer in effect.

• Final Rule - December 22, 2006

TRI Reporting Forms Modification Rule

• Final Rule - July 12, 2005

Overburden Exemption

• Denial of Petition - October 10, 2002

Original TRI Regulations 

• Final Rule - February 16, 1988

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Current Petitions

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).

Recent petitions to the TRI Program:

• Petition from the Energy Justice Network and PEER to Add Waste Incinerators to the TRI Program:  Petition to Add Waste Incinerators (pdf) (661.93 KB)
  • Status: EPA responded on December 20, 2024: EPA Response to Petition to Add Waste Incinerators (pdf) (1.32 MB, 12/20/2024)

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Information Collection Requests

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 to the Office of Management and Budget (OMB) for approval every 2-3 years.

Current TRI ICR Renewal

In compliance with the Paperwork Reduction Act (PRA), EPA has received OMB approval to consolidate and renew the three ICRs (2070-0225, 2070-0206, and 2070-0216) and renew TRI reporting forms for 3 years. 

TRI ICR Renewal Documents

• Docket for ICR Consolidation and Renewal (includes supporting documents) 
• Documents related to previous TRI ICR renewals