Toxics Release Inventory 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.
- 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)
- Federal Compliance With Right-To-Know Laws and Pollution Prevention Requirements (PDF)
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 Natural Gas Processing Facilities to List of Covered Sectors (Proposed in January 2017): EPA proposed a rule that would add natural gas processing facilities to the scope of the industrial sectors covered by the TRI Program. This rule proposes to expand coverage to all natural gas processing facilities, which receive and refine natural gas. Natural gas processing facilities that primarily recover sulfur from natural gas are already covered by TRI. Facilities primarily engaged in natural gas extraction (e.g., exploration, fracking, etc.) are not included in this proposal.
- Addition of NPEs Category (Proposed in November 2016): EPA proposed a rule that would add a nonylphenol ethoxylates (NPEs) category to the TRI list of reportable chemicals. NPEs are nonionic surfactants used in adhesives, wetting agents, emulsifiers, stabilizers, dispersants, defoamers, cleaners, paints, and coatings. EPA proposed this rule because we believe that longer-chain NPEs can break down in the environment to short-chain NPEs and nonylphenol, both of which are highly toxic to aquatic organisms.
- Addition of Hexabromocyclododecane (HBCD) Category (Finalized in November 2016): EPA published a final rule to add a 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.
- 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."
- 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.
- 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."
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
Addition of 1-Bromopropane
Addition of Certain Chemicals
Addition of National Toxicology Program Carcinogens
Chlorsulfuron
Chromite Ore from the Transvaal Region of South Africa
Deletion of Certain Chemicals
Diisononyl Phthalate Category
Dioxin and Dioxin-Like Compounds Toxic Equivalency Reporting Rule
Ethylene Glycol Monobutyl Ether
Hydrochloric Acid
Hydrogen Sulfide
Lead and Lead Compounds; Lowering of Reporting Thresholds
Methyl Isobutyl Ketone
Methyl Ethyl Ketone
Nonylphenol Category
o-Nitrotoluene
Persistent Bioaccumulative Toxic (PBT) Chemicals;
Lowering of Reporting Thresholds for Certain PBT Chemicals;
Addition of Certain PBT Chemicals
Related to Industry Sectors Covered by TRI
Addition of Natural Gas Processing Facilities to List of Covered Sectors
Addition of Facilities in Certain Industry Sectors
Adoption of 2012 North American Industry Classification System (NAICS) Codes for TRI Reporting
Toxic Chemical Release Reporting Using North American Industry Classification System (NAICS)
Related to Other Changes in TRI Reporting Requirements
Articles Exemption Clarification Proposed Rule
Note: This rule was withdrawn in 2011.
Electronic Reporting of Toxics Release Inventory Data
Overburden Exemption
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.TRI Reporting in Indian Country
TRI Reporting Forms Modification Rule
Toxics Release Inventory Form A Eligibility Revisions
Implementing the 2009 Omnibus Appropriations Act
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 to Add the Oil & Gas Extraction Industry to the List of Facilities Required to Report Under TRI
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