Addition of PFAS with final toxicity values
On January 3, the U.S. Environmental Protection Agency announced the automatic addition of nine per- and polyfluoroalkyl substances to the list of chemicals covered by the Toxics Release Inventory. The nine PFAS were automatically added for reporting due to EPA having finalized a toxicity value during 2024, and whose identity is not claimed as confidential business information. These nine PFAS are:
Addition of PFAS no longer claimed as confidential business information
Under NDAA section 7321(e), EPA must review CBI claims before adding a PFAS to the TRI list if the chemical identity is subject to a claim of protection from disclosure under 5 U.S.C. 552(a). EPA previously identified Acetic acid, [(γ-ω-perfluoro-C8-10-alkyl)thio] derivs., Bu esters for addition to the TRI list based on the NDAA’s provision to include specific PFAS upon the NDAA’s enactment. Due to CBI claims related to its identity, this PFAS was not added to the TRI list at that time. The identity of this chemical was subsequently declassified in an update to the Toxic Substances Control Act Inventory in May 2024. Because its identity is no longer confidential, it was added to the TRI list.
These nine newly added PFAS, along with the previous 196 TRI-listed PFAS, are also subject to EPA’s action in October 2023 to classify all PFAS subject to TRI reporting as chemicals of special concern. Among other impacts, this removes the use of a reporting exemption that allowed facilities to avoid reporting information on PFAS when those chemicals were used in small concentrations.
Additional TRI Reporting Resources:
The July 1, 2024, deadline for the TRI Reporting (Toxics Release Inventory) covering activities during the previous calendar year is fast approaching. Manufacturers, including food and beverage, electric utilities, and mining facilities, may need extra time this year to comply with recent rule changes related to per- and polyfluoroalkyl substances (PFAS).
Specifically, this recent action updates the regulations to identify nine per- and polyfluoroalkyl substances (PFAS) that must be reported under the National Defense Authorization Act for Fiscal Year 2020 (FY2020 NDAA) enacted on December 20, 2019. You may be potentially affected by this action if you manufacture, process, or otherwise use any of the PFAS listed in this rule. The following list of North American Industry Classification System (NAICS) codes provides a guide to help you determine whether this action applies to your facility.
TRI Reporting is a two-step process, and covered facilities with at least ten full-time equivalent employees must complete the first step to evaluate whether a report is required each year. For each chemical or PFAS that exceeds a reporting threshold, EPA requires the facility to calculate releases to the air, wastewater, and stormwater and the amount of the chemical recycled or treated on-site or sent off-site for treatment during the previous calendar year.
SCS Engineers presents an on-demand educational video with complimentary articles and additional resources to get you started. Cheryl Moran, a senior project manager with decades of experience in regulatory compliance, sustainable practices, and chemical management, covers what you need to know to get started:
Additional TRI Resources
Authorized under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA), the Toxics Release Inventory (TRI) tracks the management of certain toxic chemicals that may pose a threat to human health and the environment.
Manufacturers, including food and beverage, electric utilities, and mining facilities, may need extra time this year to comply with recent rule changes related to per- and polyfluoroalkyl substances (PFAS).
TRI reporting is a two-step process, and covered facilities with at least ten full-time equivalent employees must complete the first step to evaluate whether a report is required each year. For each chemical that exceeds a reporting threshold, EPA requires the facility to calculate releases to the air, wastewater, and stormwater and the amount of the chemical recycled or treated on-site or sent off-site for treatment during the previous calendar year.
TRI Reporting Unscrambled and No-Strings Attached
SCS Engineers presents an on-demand educational video with complimentary articles and additional resources to get you started. Cheryl Moran, a senior project manager with decades of experience in regulatory compliance, sustainable practices, and chemical management, covers what you need to know to get started and what has changed that may require your facility or business to start reporting:
Additional TRI Resources
EPA Requires Reporting on Releases and Other Waste Management of Certain PFAS, Including PFBS
As part of EPA’s Strategic Roadmap, the Agency announced the automatic addition of four per- and polyfluoroalkyl substances (PFAS) to the Toxics Release Inventory (TRI) list.
As of January 1, 2022, facilities that are subject to reporting requirements for these chemicals should start tracking their activities involving these PFAS as required by Section 313 of the Emergency Planning and Community Right-to-Know Act. Reporting forms for these PFAS will be due to EPA by July 1, 2023, for the calendar year 2022 data.
In April 2021:
EPA previously updated the Code of Federal Regulations with PFAS that were added to the TRI on January 1, 2021, under section 7321(c) of the NDAA and regulated by an existing significant new use rule (SNUR) under the Toxic Substances Control Act (see 40 CFR 721.10536).
In addition to continuing to add PFAS to the TRI, the EPA will soon announce a series of PFAS test orders requiring PFAS manufacturers to provide the Agency with toxicity data and information on PFAS.
If you have questions or concerns about reporting requirements, contact one of our environmental chemistry – hazardous materials/waste professionals at .
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