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). 
  • Read a summary of EPCRA
  • 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

• 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. Three subsequent EOs reinforced 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)

Recent/Ongoing Rulemakings

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 Hexabromocyclododecane (HBCD) Category (Proposed in June 2016): EPA proposed a rule to add 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.
  • Find out more about the proposed rule

• 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."
  • Find out more about the final rule

• Addition of a Nonylphenol Category (Finalized in September 2014): EPA published a final rule to add a nonylphenol category to the list of chemicals subject to TRI reporting. Nonylphenol is highly toxic to aquatic organisms and has been found in ambient waters.
  • Find out more about the final rule

• Addition of ortho-Nitrotoluene (Finalized in November 2013): EPA finalized a rule to add ortho-nitrotoluene to the list of chemicals subject to TRI reporting. The National Toxicology Program classifies o-Nitrotoluene as "reasonably anticipated to be a human carcinogen."
  • Find out more about the final rule

• Potential TRI Sectors Expansion (Pre-proposal): EPA is considering whether to broaden the scope of industry sectors subject to TRI reporting to include the following: Steam Generation from Coal and/or Oil, Petroleum Bulk Storage, Iron Ore Mining, Phosphate Mining, Large Dry Cleaning Facilities and Solid Waste Combustors and Incinerators.

Past Rulemakings

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

Related to Toxic Chemicals Covered by TRI

Acetonitrile

• Denial of Petition - March 5, 2013

Addition of 1-Bromopropane

• Final Rule - November 23, 2015

Addition of Certain Chemicals

• Final Rule - November 30, 1994

Addition of National Toxicology Program Carcinogens

• Final Rule - November 26, 2010

Chlorsulfuron

• Denial of Petition – December 9, 2013

Chromite Ore from the Transvaal Region of South Africa

• Final Rule - May 11, 2001

Deletion of Certain Chemicals

• Final Rule - April 22, 1998

Diisononyl Phthalate Category

• Proposed Rule - September 5, 2000

Dioxin and Dioxin-Like Compounds Toxic Equivalency Reporting Rule

• Final Rule - May 10, 2007

Ethylene Glycol Monobutyl Ether

• Denial of Petition - October 8, 2015

Hydrochloric Acid

• Final Rule - July 25, 1996

Hydrogen Sulfide

• Lifting of Administrative Stay - 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

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

Nonylphenol Category

• Final Rule – September 30, 2014

o-Nitrotoluene

• Final Rule - November 7, 2013

Persistent Bioaccumulative Toxic (PBT) Chemicals;
Lowering of Reporting Thresholds for Certain PBT Chemicals;
Addition of Certain PBT Chemicals

• Final Rule - October 29, 1999

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Related to Industry Sectors Covered by TRI

Addition of Facilities in Certain Industry Sectors

• Final Rule - May 1, 1997

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

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Related to Other Changes in TRI Reporting Requirements

Articles Exemption Clarification Proposed Rule

Note: This rule was withdrawn in 2011.

• Proposed Rule - August 17, 2009

Electronic Reporting of Toxics Release Inventory Data

• Final Rule - August 27, 2013

Overburden Exemption

• Denial of Petition - October 10, 2002

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 in Indian Country

• Final Rule - April 10, 2012

TRI Reporting Forms Modification Rule

• Final Rule - July 12, 2005

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

• Final Rule - April 27, 2009

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
  • Petition from the Toxics Use Reduction Institute (TURI)

• Petition to Add the Oil & Gas Extraction Industry to the List of Facilities Required to Report Under TRI
  • Official EPA Response (October 22, 2015)
  • Petition Response FAQs
  • Federal Register Notice
  • Docket

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.

2014 TRI ICR Renewals

• Notice of ICR Renewal Request Approval (PDF) (2 pp, 196 K) 
• Notice of ICR Renewal Request (PDF) (2 pp, 198 K)
• Notice of Intent to Request ICR Renewal (PDF) (5 pp, 206 K)
• Other Documents Related to 2014 ICR
• Webinar on Proposed Reporting Changes

2011 TRI ICR Renewals

• Notice of ICR Renewal Request Approval (PDF) (2 pp, 151 K)
• Notice of ICR Renewal Request (PDF) (4 pp, 160 K)
• Notice of Intent to Request ICR Renewal (PDF) (4 pp, 161 K)
• Other Documents Related to 2011 ICR