EPA Proposes to Add 16 Individual PFAS and 15 PFAS Categories to the Toxics Release Inventory

On October 2, 2024, the U.S. Environmental Protection Agency (EPA) proposed to add 16 individual per- and polyfluoroalkyl substances (PFAS) and 15 PFAS categories, covering over 100 chemicals, to the Toxics Release Inventory (TRI). The proposal would designate them as chemicals of special concern, requiring more robust reporting, even for small concentrations. This move aligns with the Biden-Harris Administration's and EPA's PFAS Strategic Roadmap to address the health and environmental risks of PFAS, boost pollution prevention, and enhance public access to data on environmental releases of these persistent "forever chemicals."

The proposal aims to enhance public and regulatory access to data on toxic chemicals, including those linked to cancer, allowing communities to identify pollution sources and helping facilities reduce or eliminate emissions.

Proposed Rule

1. EPA is proposing to add certain PFAS to the Toxic Release Inventory (TRI) due to their links to health risks such as cancer, liver and kidney damage, and reproductive harm.
2. EPA is proposing a 100-pound reporting threshold for the manufacture, processing, and use of PFAS, aligning with existing TRI reporting requirements established by the National Defense Authorization Act for Fiscal Year 2020. If approved, all PFAS within a category will contribute to the reporting threshold, preventing facilities from avoiding disclosure by claiming that individual PFAS do not meet the threshold. Additionally, EPA plans to reclassify certain PFAS previously added to the TRI individually, consolidating them into 15 broader categories.
3. EPA is also seeking to clarify how PFAS are automatically added to the TRI under the NDAA.

Toxics Release Inventory

The Toxics Release Inventory (TRI) was established to monitor toxic chemical waste management and promote pollution prevention to protect public health. Regulated facilities must report annually to EPA on the quantities of toxic chemicals released into the environment, as well as those managed through recycling, energy recovery, and treatment. Additionally, facilities must disclose practices aimed at minimizing waste generation. EPA makes this data publicly available to aid in decision-making and to promote pollution prevention initiatives.

Rule History

On December 20, 2019, the National Defense Authorization Act (NDAA) was signed into law, adding certain PFAS to the TRI under the Emergency Planning and Community Right-to-Know Act. The NDAA establishes a framework for the annual addition of PFAS to the TRI and requires EPA to consider additional substances for inclusion. The Agency is now proposing to add identified PFAS in accordance with this mandate.

The NDAA allows for the automatic addition of PFAS to the TRI when EPA finalizes a toxicity value. To clarify this process, EPA is proposing a list of toxicity values that would trigger the inclusion of associated PFAS.

Public comments on the proposed rule will be accepted for 60 days following its publication in the Federal Register via docket EPA-HQ-TRI-2023-0538 at Regulations.gov.