TRI Laws and Regulatory Activities
Laws and Executive Orders
Emergency Planning and Community Right-to-Know Act (EPCRA)
Congress passed EPCRA in 1986. Section 313 created the Toxics Release Inventory.
- Read a short guide to EPCRA.
- Read a one-page factsheet on EPCRA.
- Read the full text of EPCRA.
- Visit the EPCRA homepage.
Pollution Prevention Act (PPA)
Congress passed the PPA in 1990. Section 6607 requires TRI facilities to report additional data on waste management and source reduction activities.
- 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
Congress passed the NDAA for Fiscal Year 2020 in December 2019. Section 7321 of the NDAA added certain per- and polyfluoroalkyl substances (PFAS) to the list of chemicals covered by TRI and provided a framework for listing additional PFAS.
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. The CFR is divided into 50 titles that represent broad areas subject to federal regulation. Environmental regulations are contained mainly in title 40.
- Find TRI regulations at 40 CFR Part 372.
Executive Orders
An executive order (EO) is signed by the president and has the force of law. EO 12856 (August 3, 1993) required federal facilities to comply with Section 313 of EPCRA regardless of their primary North American Industry Classification System (NAICS) code. EO 14148 (January 20, 2025) removed this requirement. EOs related to federal facility TRI reporting are listed below:
- 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
- Efficient Federal Operations (PDF): EO 13834: May 17, 2018
- Tackling the Climate Crisis at Home and Abroad (PDF): EO 14008, January 27, 2021
- Revitalizing Our Nation’s Commitment to Environmental Justice for All (PDF): EO 14096: April 21, 2023
- Initial Recissions of Harmful Executive Orders and Actions (PDF): EO 14148, January 20, 2025
Recent/Ongoing Rulemakings
EPA's TRI Program is modified through rulemakings. The agency's most recent rulemaking activities are listed below. TRI regulations can be found at 40 CFR Part 372.
Date | Action | Category | Description |
---|---|---|---|
January 17, 2025 | Clarification to Supplier Notifications Due to Automatic Additions of PFAS Under the NDAA | General | 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. |
January 17, 2025 | Implementation of Statutory Addition of Nine PFAS to the TRI Beginning with Reporting Year 2025 | Chemical | This rule adds nine PFAS to the TRI list, bringing the total PFAS subject to TRI reporting to 205. |
October 8, 2024 | Proposed Addition of Certain PFAS to the TRI | Chemical | 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. |
May 17, 2024 | Implementation of Statutory Addition of Seven PFAS to the TRI Beginning with Reporting Year 2024 | Chemical | This rule adds seven PFAS to the TRI list, bringing the total PFAS subject to TRI reporting to 196. |
October 31, 2023 | Changes to PFAS Reporting Requirements and to Supplier Notifications for Chemicals of Special Concern | General | This rule designates PFAS subject to TRI reporting to the list of Lower Thresholds for Chemicals of Special Concern. |
July 14, 2023 | Addition of a Diisononyl Phthalate (DINP) Category to the TRI | Chemical | This rule adds a DINP category to the TRI chemical list. |
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.
Past Rulemakings
TRI rulemakings are categorized below based on whether they relate to chemicals, industry sectors or general changes in TRI reporting requirements.
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)
- Status: EPA responded on December 20, 2024: EPA Response to Petition to Add Waste Incinerators (pdf)
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