TRI PFAS Reporting Requirements Continue to Expand

On January 6, 2023, the United States Environmental Protection Agency (USEPA) announced the automatic addition of nine additional per- and polyfluoroalkyl substances (PFAS) to the Toxics Release Inventory (TRI) reporting requirements for the 2023 reporting year (due July 1, 2024). This brings the list of PFAS for reporting year 2023 to a total of 189 PFAS. PFAS were originally added as TRI reportable compounds by the National Defense Authorization Act of 2020 (NDAA 2020), which includes ongoing criteria for adding additional PFAS to the TRI reportable list. These criteria have resulted in a longer list of TRI reportable PFAS compounds each subsequent year.

What PFAS were added and are they in your inventory?

The nine additional PFAS include four PFAS compounds that were declassified as confidential business information (CAS numbers: 2728655-42-1, 2738952-61-7, 2744262-09-5, and 2742694-36-4) in an update to the Toxic Substances Control Act (TSCA) inventory in February 2022, and five PFAS associated with the final toxicity values for perfluorobutanoic acid (PFBA) (CAS numbers: 375-22-4, 45048-62-2, 10495-86-0, 2966-54-3, and 2218-54-4). NDAA 2020 includes a provision that automatically adds PFAS to the TRI list once the USEPA finalizes a toxicity value. For these five substances, USEPA issued toxicity values in December 2022.

As required by the Emergency Planning and Community Right-to-know Act (EPCRA), if your facility manufactures, processes or otherwise uses one or more of these nine chemical substances, you should begin tracking such activities beginning January 1, 2023.

What do you need for Reporting Year 2022?

Again, the nine PFAS added in 2023 will not require reporting until 2024. The list of TRI reportable PFAS for reporting year 2022 (due July 1, 2023) remains 180 PFAS listed in 40 CFR Part 372.65 (d) and (e). Currently, releases of PFAS are subject to 100-pound manufacturing, processing or otherwise using thresholds established by the NDAA 2020. If your facility meets any one of these three thresholds, then it must report for all activities for that chemical. Currently, reporting is not required if a PFAS is present in a mixture below the de minimis exemption (1% for TRI-listed PFAS and 0.1% for perfluorooctanoic acid (PFOA)). A December 2022 proposed rule would eliminate the de minimis exemption for PFAS. USEPA believes this would increase the number of TRI-listed PFAS compounds reported in future reporting years; however, the de minimis exemption is still applicable for reporting year 2022.

TRC’s PFAS Reporting Tool – TRI Reporting

TRC has the expertise and the tools to guide our clients with assessing the presence of PFAS compounds used at a facility and TRI reporting. We have developed a proprietary PFAS Reporting Tool that simplifies the identification and assessment process for determining the reportability of PFAS chemicals subject to TRI and the current and historical facility usage of PFAS. By working with one of our experienced chemists to guide the evaluation, use of this tool will enable a faster, more comprehensive inventory of potential PFAS chemical usage for compliance reporting, can help identify substitute products to reduce PFAS usage in the future, and can identify potential PFAS use issues with liability consequences.

We Can Help Simplify TRI Reporting for PFAS

TRC’s dedicated team of PFAS experts are ready to help you conduct your annual TRI reporting in a timely and accurate manner to ensure compliance with TRI requirements and better identify the potential liabilities associated with PFAS usage during due diligence. We are on the forefront of emerging PFAS regulations and guidance and can strategically guide you through the challenging process of addressing PFAS reporting obligations, identifying potential contamination concerns, and managing the ever-evolving regulatory environment and technical uncertainties.

For more information on TRI reporting and PFAS analysis, contact:

• Jeff Ramey
• Rob Hanley
• Missy Hart