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(6 pp, 12 K)
  • Greening the Government Through Leadership in Environmental Management (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, 14 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)
  • Tackling the Climate Crisis at Home and Abroad: EO 14008, January 27, 2021
    • The White House Council on Environmental Quality (CEQ) has reaffirmed this requirement.

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Recent/Ongoing Rulemakings

The TRI Program is modified over time through rulemakings. The most recent rulemaking activities 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.

• Proposed Addition of Diisononyl Phthalate (DINP) Category to the TRI (Proposed in August 2022): This rule would add DINP chemicals to the TRI chemical list.
  • Find out more about the proposed rule.
• Adoption of 2022 North American Industry Classification System (NAICS) Codes for TRI Reporting (Proposed in July 2022): This rule proposes to update 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.
• Implementing Statutory Addition of Certain Per- and Polyfluoroalkyl Substances to the TRI Beginning with Reporting Years 2021 and 2022 (Finalized in July 2022): This rule codifies the addition of five PFAS to the TRI chemical list; four PFAS effective for the 2022 reporting year and one PFAS effective for the 2021 reporting year.
  • Find out more about the final rule
• Implementing Statutory Addition of Certain Per- and Polyfluoroalkyl Substances to the TRI Beginning with Reporting Years 2021 (Finalized in June 2021): This rule codifies the addition of three PFAS to the TRI chemical list, effective for the 2021 reporting year.
  • Find out more about the final rule
• Addition of Natural Gas Processing Facilities to the TRI (Finalized in November 2021): This rule adds natural gas processing facilities to the scope of the industrial sectors covered by TRI.​
  • Find out more about the final rule
• Addition of Certain Chemicals to the Toxics Release Inventory (Proposed in October 2021): This rule proposes to add 12 chemicals to the TRI list, including one persistent bioaccumulative toxic (PBT) chemical with a 100-pound reporting threshold.
  • Find out more about this proposed rule
• Parent Company Definition for TRI Reporting (Proposed in September 2021): This rule proposes to formally define "parent company" for TRI reporting purposes.
  • Find out more about this proposed rule
• Implementing Statutory Addition of Certain Per- and Polyfluoroalkyl Substances to the TRI Beginning with Reporting Year 2021 (Finalized in June 2021): This rule adds three PFAS to the TRI chemical list, effective for the 2021 reporting year.
  • Find out more about this final rule
• Implementing Statutory Addition of Certain Per- and Polyfluoroalkyl Substances (Finalized in June 2020): Pursuant to the National Defense Authorization Act for Fiscal Year 2020 (NDAA), EPA published a final rule that added 172 per- and polyfluoroalkyl substances (PFAS) to the list of toxic chemicals subject to TRI reporting.
  • Find out more about this 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 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).

Current petitions being considered by the TRI Program:

• Petition from the Toxics Use Reduction Institute (TURI) to Add 25 Chemicals to the TRI List

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

Current TRI ICR Renewal (Submitted on 7/31/20)

In compliance with the Paperwork Reduction Act (PRA), EPA has submitted an ICR to OMB for review and approval. This ICR consolidates two ICRs (2070-0212 and 2025-009) and renews TRI reporting forms for a three-year period.

Prior TRI ICR Renewals

TRI ICRs are resubmitted for approval by the Office of Management and Budget (OMB) every 2-3 years.

• Notice of ICR Renewal Request (4 pp, 225K)
• Notice of Intent to Request ICR Consolidation and Renewal(2 pp, 264 K)
• Docket for this ICR Consolidation and Renewal (includes supporting documents)
• View documents related to past TRI ICR renewals