EPA issues final rule requiring reporting of seven additional PFAS to Toxic Release Inventory

On May 16, 2024, following an announcement in January 2024, the U.S. Environmental Protection Agency (EPA) issued a final rule to update the chemicals listed in the Toxics Release Inventory (TRI) to include seven new per- and polyfluoroalkyl substances (PFAS) for the 2024 reporting year. 

Background on the Toxics Release Inventory 

The Environmental Protection Agency (EPA) collects annual data on TRI-listed chemicals from facilities in designated industries and federal facilities that manufacture, process, or use these chemicals above certain thresholds. This data helps communities understand how these facilities handle these chemicals; facilitates informed decision-making for companies, government agencies, and the public; and aligns with the Administration's commitment to environmental justice by increasing accountability, transparency, and the well-being of families, workers, and communities. The data collected is easily accessible online. 

Mandate for PFAS Inclusion 

The Fiscal Year 2020 National Defense Authorization Act (NDAA) mandated the inclusion of seven PFAS into the Toxics Release Inventory (TRI). The latest rule includes reporting guidelines for these seven PFAS in the Code of Federal Regulations, increasing the total count of PFAS under TRI reporting to 196. The seven newly added PFAS, along with the previous 189 PFAS listed in the TRI, are affected by EPA’s decision in October 2023 to classify all PFAS under TRI reporting as chemicals of special concern. This designation eliminates the reporting exemption that previously allowed facilities to avoid reporting information on PFAS when used in small concentrations. This move demonstrates EPA's commitment to mitigating the effects of persistent chemicals and is consistent with its PFAS Strategic Roadmap, which aims to address the serious risks these chemicals pose to both human health and the environment. 

Addition of PFAS with final toxicity values 

The 2020 NDAA contains a provision requiring the automatic inclusion of PFAS to TRI once the Agency establishes a toxicity value. Six PFAS were added to the list for the 2024 Reporting Year after EPA finalized a toxicity value in 2023. Only the specified salt forms of the acids are included in this list. 

• Ammonium perfluorohexanoate; Chemical Abstracts Service Registration Number (CASRN) 21615-47-4 

• Lithium bis[(trifluoromethyl)sulfonyl] azanide; CASRN 90076-65-6 

• Perfluorohexanoic acid (PFHxA); CASRN 307-24-4 

• Perfluoropropanoic acid (PFPrA); CASRN 422-64-0 

• Sodium perfluorohexanoate; CASRN 2923-26-4 

• 1,1,1-Trifluoro-N-[(trifluoromethyl)sulfonyl] methanesulfonamide; CASRN 82113-65-3 

Removal of Confidentiality Claims 

EPA is no longer treating PFAS as confidential business information (CBI) under NDAA section 7321(e). EPA must assess CBI claims before incorporating a PFAS chemical in the Toxic Release Inventory (TRI). Betaines, dimethyl(γ-ω-perfluoro-γ-hydro-C8-18-alkyl); CASRN 2816091-53-7, was previously identified for inclusion but was not included due to CBI claims. In February 2023, the identity of the chemical was declassified and is no longer confidential. As a result, it has now been added to the TRI. 

Reporting Deadline and Compliance 

Starting January 1, 2024, facilities must report on the seven PFAS chemicals added to the TRI, under Section 313 of the Emergency Planning and Community Right-to-Know Act and submit reporting forms by July 1, 2025.