In October 2024, the United States Environmental Protection Agency (USEPA) published a proposed rule[1] in the Federal Register that proposes to add 15 categories of per- and polyfluoroalkyl substances (PFAS) to the Toxics Release Inventory (TRI) list of toxic chemicals. Adding these 15 categories, along with 16 individually listed PFAS, will result in over 100 additional PFAS being added to the TRI list of toxic chemicals subject to reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and Pollution Prevent Act (PPA).
USEPA proposes to designate these PFAS as chemicals of special concern, which means that the PFAS would have the lower reporting threshold of 100 pounds for manufacturing, processing, and other uses. As proposed, all PFAS in a certain category would count towards the reporting threshold for that category.
USEPA explained[2] that this change would ensure “that facilities would not be able to avoid reporting on PFAS that are similar to one another if each PFAS does not meet the reporting threshold individually.” In addition to adding the additional PFAS to the TRI list, the proposed rule also intends to clarify how PFAS are automatically added to the TRI list under the National Defense Authorization Act for Fiscal Year 2020 (NDAA).
Comments on the proposed rule are being accepted through December 9, 2024.
[1] “Addition of Certain Per- and Polyfluoroalkyl Substances (PFAS) to the Toxics Release Inventory (TRI),” Federal Register. (Last accessed 11/19/2024)
[2] Ibid.
PartnerSince 2014, Melissa S. Brown has developed a robust environmental law practice in which she assists businesses on a wide variety of environmental issues. Clients regularly rely on her to provide counsel on complying with federal and ...
