EPA Finalizes Rule to Require Enhanced PFAS Reporting to the Toxics Release Inventory

On October 20^th, the Environmental Protection Agency (EPA) announced a final rule regarding reporting on per- and polyfluoroalkyl substances (PFAS) to the Toxics Release Inventory (TRI). The new rule eliminates an exemption that allowed facilities to avoid reporting information on PFAS when those chemicals were used in small concentrations. Often referred to as “forever chemicals,” PFAS are used at low concentrations in many products, and as a result of removing this reporting exemption, covered industry sectors such as manufacturing, metal mining, and chemical manufacturing, as well as federal facilities that make or use any of the 189 TRI-listed PFAS, will no longer be able to avoid disclosing the quantities of PFAS they manage or release into the environment.

By designating PFAS as “chemicals of special concern” for TRI-reporting purposes, this rule eliminates the availability of that exemption for TRI-listed PFAS and requires facilities to report on PFAS regardless of their concentration in mixtures, since many PFAS are used in low concentrations in mixtures, and the continued availability of the exemption for PFAS would permit facilities to discount those uses when determining their TRI reporting responsibilities. The rule also makes the previous exemption unavailable for purposes of supplier notification requirements to downstream facilities for all chemicals on the list of chemicals of special concern, which also includes additional chemicals that, like PFAS, remain in the environment for long periods of time and build up in the body like lead, mercury, and dioxins. The EPA action is part of the Biden Administration’s broader efforts to advance its PFAS Strategic Roadmap.