TRI

January 31, 2022

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 finalized a toxicity value for perfluorobutane sulfonic acid (PFBS) (Chemical Abstracts Service registry number (CASRN) 375-73-5) and
• Potassium perfluorobutane sulfonate (CASRN 29420-49-3).

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).

• CASRN 65104-45-2 is designated as “active” on the TSCA Inventory and is covered by the SNUR. Therefore, this substance has also been added to the TRI under the NDAA.
• CASRN 203743-03-7, this PFAS EPA included in updates to the confidential status of chemicals on the TSCA Inventory published in October 2021 and thus was added to the TRI list due to the CBI declassification.

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 .