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
- 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
- Executive Order Regarding Efficient Federal Operations (PDF): EO 13834: May 17, 2018
- Tackling the Climate Crisis at Home and Abroad: EO 14008, January 27, 2021
- Revitalizing Our Nation’s Commitment to Environmental Justice for All: EO 14096: April 21, 2023
- The White House Council on Environmental Quality (CEQ) has reaffirmed this requirement.
Recent/Ongoing Rulemakings
The EPA's TRI Program is modified over time through rulemakings. The agency's most recent rulemaking activities are listed below. 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.
| Date | Action | Description |
|---|---|---|
| October 2024 | Proposed Addition of Certain PFAS to the Toxics Release Inventory | 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. Find out more about the proposed rule. |
| May 2024 | Implementation of Statutory Addition of Seven PFAS to the Toxics Release Inventory Beginning with Reporting Year 2024 | This rule adds seven PFAS to the TRI list, bringing the total PFAS subject to TRI reporting to 196. Find out more about the final rule. |
| October 2023 | Changes to Reporting Requirements for Per- and Polyfluoroalkyl Substances (PFAS) and to Supplier Notifications for Chemicals of Special Concern | This rule designates PFAS subject to TRI reporting to the list of Lower Thresholds for Chemicals of Special Concern. Find out more about the final rule. |
| June 2023 | Implementation of Statutory Addition of Nine PFAS to the Toxics Release Inventory Beginning with Reporting Year 2023 | This rule adds nine PFAS to the TRI list, bringing the total PFAS subject to TRI reporting to 189. Find out more about the final rule. |
| June 2023 | Addition of Diisononyl Phthalate (DINP) Category to the TRI | This rule adds DINP chemicals to the TRI chemical list. Find out more about the final rule. |
| November 2022 | Adoption of 2022 North American Industry Classification System | This rule updates 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. |
| November 2022 | Addition of Certain Chemicals to the Toxics Release Inventory | This rule adds 12 chemicals to the TRI list, including one persistent bioaccumulative toxic (PBT) chemical with a 100-pound reporting threshold. Find out more about the final rule. |
| October 2022 | Parent Company Definition for TRI Reporting | This rule formally defines "parent company" for TRI reporting purposes. Find out more about the final rule. |
| November 2021 | Addition of Natural Gas Processing Facilities to the TRI | This rule adds natural gas processing facilities to the scope of the industrial sectors covered by TRI. Find out more about the final rule. |
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 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
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
Nonylphenol Ethoxylates (NPEs) Category
o-Nitrotoluene
Rulemakings Associated with More Than One Chemical
These are listed chronologically, with the most recent rulemaking first.
- Implementing Statutory Addition of Certain Per- and Polyfluoroalkyl Substances to the TRI Beginning with Reporting Years 2021 and 2022 - July 2022
- Implementing Statutory Addition of Certain Per- and Polyfluoroalkyl Substances to the TRI Beginning with Reporting Year 2021 – June 2021
- 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
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
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.
Corrections to TRI Reporting Requirements
Electronic Reporting of Toxics Release Inventory Data
TRI Reporting for Facilities in Indian Country
Articles Exemption Clarification
Note: This rule was withdrawn in 2011.
Toxics Release Inventory Form A Eligibility Revisions
Implementing the 2009 Omnibus Appropriations Act
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 Forms Modification Rule
Overburden Exemption
Original TRI Regulations
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 Energy Justice Network and PEER to Add Waste Incinerators to the TRI Program:
Petition to Add Waste Incinerators (pdf)
- Status: Received by EPA on April 3, 2023, and currently being considered
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 will submit the 2025 renewal of the TRI ICR to OMB for review and approval. Prior to this, EPA has published the proposed ICR renewal request for public comment (see link below). This ICR will consolidate three ICRs (2070-0225, 2070-0206, and 2070-0216) and renews TRI reporting forms for 3 years.