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).
- 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.
- 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.
- 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.
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.
- Corrections to TRI Reporting Requirements (Finalized in July 2020): EPA has finalized a rule to correct certain existing TRI regulatory language. These corrections will provide greater clarity for facilities and other stakeholders.
- 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.
- 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.
- Addition of Natural Gas Processing Facilities to the TRI (Proposed in January 2017): EPA is proposing to add natural gas processing facilities to the scope of the industrial sectors covered by TRI.
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
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Related to Toxic Chemicals Covered by TRI
These are listed alphabetically by chemical name.
1-Bromopropane
Acetonitrile
Chlorsulfuron
Chromite Ore from the Transvaal Region of South Africa
Diisononyl Phthalate Category
Dioxin and Dioxin-Like Compounds
Ethylene Glycol Monobutyl Ether
Hexabromocyclododecane (HBCD) Category
Hydrochloric Acid
Hydrogen Sulfide
Lead and Lead Compounds
Methyl Isobutyl Ketone
Methyl Ethyl Ketone
Nonylphenol Category
o-Nitrotoluene
Per- and Polyfluoroalkyl Substances (PFAS)
Rulemakings Associated with More Than One Chemical
- Addition of National Toxicology Program Carcinogens - Final Rule - November 26, 2010
- Additon 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
Related to Industry Sectors Covered by TRI
These are listed chronologically, with the most recent rulemakings first.
Adoption of 2017 North American Industry Classification System (NAICS) Codes for TRI Reporting
TRI Metal Mining Information
Adoption of 2012 North American Industry Classification System (NAICS) Codes for TRI Reporting
Toxic Chemical Release Reporting Using North American Industry Classification System (NAICS)
Addition of Facilities in Certain Industry Sectors
Related to TRI Reporting Requirements, Generally
These are listed chronologically, with the most recent rulemakings first.
Electronic Reporting of Toxics Release Inventory Data
TRI Reporting in Indian Country
Articles Exemption Clarification Proposed Rule
Note: This rule was withdrawn in 2011.
Toxics Release Inventory Form A Eligibility Revisions
Implementing the 2009 Omnibus Appropriations ActTRI 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.
TRI Reporting Forms Modification Rule
Overburden Exemption
Original TRI Regulations
Petition(s)
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 (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.
- 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)
Prior TRI ICR Renewals
TRI ICRs are resubmitted for approval by the Office of Management and Budget (OMB) every 2-3 years.