The United States Environmental Protection Agency (EPA) issued a final rule on May 17, 2024, updating the list of chemicals subject to reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA). EPA’s final rule adds seven per- and polyfluoroalkyl substances (PFAS) to the Toxics Release Inventory (TRI) list of reportable chemicals beginning with reporting year 2024 (more information on EPA’s addition of certain PFAS to the TRI located here).

Enacted under the National Defense Authorization Act for Fiscal Year 2020 (FY2020 NDAA), the seven PFAS added to the TRI list are the following:

  • Perfluorohexanoic acid (PFHxA);
  • Perfluoropropanoic acid (PFPrA);
  • Sodium perfluorohexanoate;
  • Ammonium perfluorohexanoate;
  • Lithium bis[(trifluoromethyl)sulfonyl] azanide;
  • 1,1,1-Trifluoro-N-[(trifluoromethyl)sulfonyl] methanesulfonamide (TFSI); and
  • Betaines, dimethyl (γ-ω-perfluoro-γ-hydro-C8-18-alkyl).

The EPA added these PFAS to the TRI list based on one of the following FY2020 NDAA triggering actions:

  • EPA finalizing a toxicity value;
  • EPA making a covered determination for a significant new use rule;
  • The chemical being added to the list of substances covered by the existing significant new use rule; or
  • The chemical being added to the active Toxic Substances Control Act (“TSCA”) Inventory.

Facilities that manufacture, process, or use any of these seven PFAS above reporting thresholds will be required to report to TRI beginning with reporting year 2024, with the first reports due by July 1, 2025. Certain chemicals, including these PFAS, are deemed “chemicals of special concern” under EPCRA because EPA considers them to be persistent, bioaccumulative, and toxic. PFAS are consequently subject to the same TRI reporting requirements as other chemicals of special concern (e.g., lead, mercury, and dioxins), meaning they are ineligible for the de minimis exemption and the option to use Form A (a streamlined reporting form), as we reported in a separate article. The EPA has determined public notice and comment is unnecessary because the final rule complies with a Congressional mandate. As a result, the final rule is effective on June 17, 2024.