Toxics Release Inventory (TRI) Program

Statutes
Code of Federal Regulations (CFR)
Regulations Not Associated With Petitions
Chemical Petitions and Associated Regulations
Other Petitions and Associated Regulations
Executive Orders
Information Collection Requests (ICRs)
EPA Federal Register Notices
Docket Information
Reporting Frequency

Statutes

The Toxics Release Inventory (TRI) is authorized by the Emergency Planning and Community Right-to-Know Act (EPCRA). Congress enacted EPCRA in 1986. Then, in 1990, Congress passed the Pollution Prevention Act (PPA), which required that additional data on waste management and source reduction activities be reported under TRI. The TRI-specific sections of these federal laws are section 313 of EPCRA and section 6607 of PPA:

The Emergency Planning & Community Right-to-Know Act

• (EPCRA); 42 U.S.C. 11001 et seq. (1986)
  [Summary / Full Text]

The Pollution Prevention Act (PPA)

• 42 U.S.C. 13101 et seq. (1990)
  [Summary / Full Text]

While section 313 of EPCRA governs TRI, there are other sections of EPCRA that address emergency response. For example, sections 311 and 312 of EPCRA require businesses to report the locations and quantities of chemicals stored on-site to state and local governments in order to help communities prepare to respond to chemical spills and similar emergencies. To learn more about these other sections of EPCRA you may want to visit the Agency's Office of Emergency Management website dedicated to these other, non-TRI portions of EPCRA.

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Code of Federal Regulations (CFR)

The Code of Federal Regulations (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. The Toxics Release Inventory regulations can be found at 40 CFR Part 372.

More information on the CFR

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Regulations Not Associated With Petitions

New regulations (i.e., rules) and proposed regulations are published in the Federal Register (FR). The Federal Register is the official daily publication for rules, proposed rules, and notices of Federal agencies and organizations, as well as executive orders and other presidential documents. Below is a list of the major FR notices issuing proposed and final TRI regulations. A more complete listing can be found in the list of EPA Federal Register Notices.

Toxic Chemical Release Reporting Using North American Industry Classification System (NAICS) Rule

• Update (March 6, 2008)
• Final Rule (June 6, 2006)
• Proposed Rule (March 21, 2003)




TRI Dioxin and Dioxin-like Compounds Toxic Equivalency Reporting Rule

• Final Rule (May 10, 2007)
• Proposed Rule (March 7, 2005)




TRI Burden Reduction Rule

• Final Rule (December 22, 2006)
  
• Proposed Rule (October 4, 2005)



TRI Reporting Forms Modification Rule

• Final Rule (July 12, 2005)
• Proposed Rule (January 10, 2005)



Lead and Lead Compounds; Lowering of Reporting Thresholds

• Final Rule (January 17, 2001)
• Proposed Rule (PDF) (August 3, 1999) (23 pp, 211KB, About PDF)



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

• Final Rule (October 29, 1999)
  
• Notice of availability and clarification of proposed rule (February 23, 1999)
• Proposed Rule (January 5, 1999)



Deletion of Certain Chemicals from the List of Chemicals Subject to Reporting under Section 313

• Final Rule (April 22, 1998)



Addition of Facilities in Certain Industry Sectors

• Final Rule (May 1, 1997)
• Proposed Rule (June 27, 1996)



Addition of Certain Chemicals

• Final Rule (November 30, 1994)
• Proposed Rule (PDF) (January 12, 1994) (73 pp, 10.49MB, About PDF)



Alternate Threshold for Facilities With Low Annual Reportable Amounts

• Final Rule (November 30, 1994)
• Proposed Rule (PDF) (July 28, 1994) (11 pp, 1.49MB, About PDF)

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Chemical Petitions and Associated Regulations

Any person may petition the EPA to add or delete a chemical from the TRI toxic chemical list. EPA evaluates the toxicity of the chemical against the listing criteria established by Congress and makes a determination as to whether to grant or deny the petition request. If the petition is granted, EPA will propose a rule to either add or delete the chemical and after reviewing the public comments will issue a final rule. If the petition is not granted, EPA issues a notice explaining why the petition was denied. Below are some of the more recent EPA responses to chemical petitions. A more complete listing can be found in the list of EPA Federal Register Notices.

Alloys: Report on the Corrosion of Certain Alloys

• Request for Comment (August 22, 2001)




Acetonitrile

• Notice of Data Availability (PDF) (March 10, 2008) (2 pp, 80 KB, About PDF)
• Denial of Petition (PDF) (March 5, 1999) (8 pp, 114 KB, About PDF)




Chromite Ore from the Transvaal Region of South Africa

• Final Rule (PDF) (May 11, 2001) (8 pp, 64 KB, , About PDF)
• Proposed Rule (PDF) (February 23, 1999) (6 pp, 98KB, About PDF)




Diisononyl Phthalate Category

• Notice of Data Availability (PDF) (June 14, 2005) (4 pp, 64KB, About PDF)
• Extension of Comment Period for Proposed Rule (PDF) (November 21, 2000) (2 pp, 122 KB, About PDF)
  
• Proposed Rule (PDF) (September 5, 2000) (9 pp, 173KB, About PDF)




Dioxin: Addition of Dioxin and Dioxin-Like Compounds

• Final Rule (PDF) (October 29, 1999) (89 pp, 545KB, About PDF)
• Proposed Rule (PDF) (May 7, 1997) (10 pp, 89KB, About PDF)




Hydrochloric Acid

• Technical Amendments: Correction of Effective Date (PDF) (February 10, 1998) (1p, 13KB, About PDF)
• Final Rule (PDF) (July 25, 1996) (6 pp, 46K,, About PDF)
• Proposed Rule (PDF) (November 15, 1995) (5 pp, 41K,, About PDF)




Methyl Isobutyl Ketone

• Denial of Petition (PDF) (February 23, 1999) (PDF) (6 pp, 51KB, About PDF)




Methyl Ethyl Ketone

• Final Rule - Deletion of Methyl Ethyl Ketone (PDF) (June 30, 2005) (PDF) (3 pp, 64KB, About PDF)
• Background on Deletion
• Denial of Petition (PDF) (March 30, 1998) (6 pp, 50KB, About PDF)




Phosphoric Acid

• Final Rule (PDF) (June 27, 2000) (5 pp, 133KB, About PDF)
  
• Proposed Rule(PDF) (December 7, 1999) (4 pp, 129KB, About PDF)
• Denial of Petition (PDF) (January 23, 1998) ( 6 pp, 48KB, About PDF)

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Other Petitions and Associated Regulations

While EPCRA specifically addresses petitions to add or delete chemicals, petitions that are not chemical specific may be made pursuant to the Federal Administrative Procedure Act (APA). Specifically, section 553(e) of the APA provides, "Each agency shall give an interested person the right to petition for the issuance, amendment, or repeal of a rule." Over the years, the Agency has received non-chemical specific petitions to modify the TRI reporting requirements. A more complete listing can be found in the list of EPA Federal Register Notices.

• Overburden Exemption (PDF) - October 10, 2002: Denial of petition. (5 pp, 49KB, About PDF)

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Executive Orders

An Executive Order (EO) is a President's or Governor's declaration which has the force of law, usually based on existing statutory powers, and requiring no action by the Congress or state legislature. On January 24, 2007, President Bush signed EO 13423 "Strengthening Federal Environmental, Energy, and Transportation Management." This Executive Order and the instructions implementing this order require federal facilities to report to TRI regardless of the federal facility's SIC or NAICS code:

• Executive Order 13423 (PDF) (7pp, 104KB, About PDF)
• Instructions for Implementing Executive Order 13423
• Cover Memo - Instructions and Requirements for Implementing EO 13423

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Information Collection Requests (ICRs)

An Information Collection Request (ICR) is a set of documents that describe reporting, record keeping, survey or other information collection requirements imposed on the public by the Environmental Protection Agency. Each request must be sent to and approved by the Office of Management and Budget before a collection begins. 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 an ICR at any time. TRI Information Collection Requests are resubmitted for OMB approval every 2-3 years. The current ICRs for the TRI Reporting Forms expire on January 31, 2010.

2008 TRI ICR Renewals

ICR for TRI Reporting Form R (EPA ICR No. 1363.15, OMB Control Number 2070-0093)
• Final FR Notice
• Proposed FR Notice
• Supporting Statement
• Approved Form R (PDF) (5 pp, 36KB, About PDF)

ICR for TRI Reporting Form A Certification Statement (EPA ICR No. 1704.09, OMB Control Number 2070-0143)

• Final FR Notice
• Proposed FR Notice
• Supporting Statement
• Approved Form A Certification Statement (PDF) (2 pp, 22KB, About PDF)

2006 TRI ICR Renewals

ICR for TRI Reporting Form R(EPA ICR No. 1363.14, OMB Control Number 2070-0093)

• Final FR Notice (PDF) (2 pp, 51KB, About PDF)
• Proposed FR Notice (PDF) (4 pp, 61KB, About PDF)
• Supporting Statement (PDF) (89 pp, 472 KB, About PDF)
• OMB Paperwork Reduction Act Submission (OMB Form 83-I) (PDF) (3 pp, 102 KB, About PDF)
• Approved Form R (EPA Form 9350-1) (PDF) (5 pp, 101KB, About PDF)

ICR for TRI Form A Certification Statement (EPA ICR No. 1704.08, OMB Control Number 2070-0143)

• Final FR Notice (PDF) (2 pp, 51KB, About PDF)
• Proposed FR Notice (PDF) (3 pp, 56KB, About PDF)
• Supporting Statement (PDF) (89 pp, 472KB, About PDF)
• Approved Form A Certification Statement (EPA Form 9350-2) (PDF) (2 pp, 43KB, About PDF)

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EPA Federal Register Notices

FR Notices in this index are searchable by year, month, day and EPA program area.

• Chronological Listing of TRI and Other EPA Federal Register Notices
  (October, 1994 - present)

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Docket Information

To access a docket for the TRI rules referenced above, visit http://www.regulations.gov/. There are instructions on this site to explain how to find a specific docket.

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Reporting Frequency

• December 2006 Federal Register Notice on Decision to Maintain Annual Reporting Requirement for TRI (PDF) (1pp, 40KB, About PDF)

2005 Background Documents

• Fact Sheet Describing the Proposed Expansion of Form A and the Notice to Congress on Reporting Frequency (PDF) (2pp, 38KB, About PDF)
• Press Release Describing Describing the Proposed Expansion Form A and the Notice to Congress on Reporting Frequency
• Letters to Congress on Reporting Frequency (PDF) (3pp, 920KB, About PDF)

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