The Environmental Protection Agency (EPA) has finalized a rule updating the Toxics Release Inventory (TRI) to include seven per- and polyfluoroalkyl substances (PFAS), starting with the 2024 reporting year. This move comes in accordance with the National Defense Authorization Act for Fiscal Year 2020 (FY2020 NDAA), which mandates the addition of these chemicals.
New PFAS Reporting Requirements
The rule, effective 30 days after its publication in the Federal Register, mandates that facilities manufacturing, processing, or otherwise using any of the specified PFAS must report their use. These requirements are designed to enhance community awareness and ensure better environmental and public health protections.
Seven Newly Added PFAS
The seven PFAS added to the TRI are:
- Perfluorohexanoic acid (PFHxA)
- Perfluoropropanoic acid (PFPrA)
- Sodium perfluorohexanoate
- Ammonium perfluorohexanoate
- 1,1,1-Trifluoro-N-[(trifluoromethyl)sulfonyl] methanesulfonamide (TFSI)
- Lithium bis[(trifluoromethyl)sulfonyl] azanide
- Betaines, dimethyl(γ-ω-perfluoro-γ-hydro-C8-18-alkyl)
Legislative Background
The FY2020 NDAA, signed into law on December 20, 2019, specifies that PFAS must be added to the TRI based on various criteria, including final toxicity values and significant new use rules. The addition of these substances to the TRI aligns with Congress's legislative mandate, negating the need for notice and comment rulemaking.
Compliance and Reporting
Entities affected by this update span multiple industries, including manufacturing, utilities, and waste management, identified by specific North American Industry Classification System (NAICS) codes. For a complete list of affected industries and detailed compliance information, facilities are directed to examine the applicability criteria in 40 CFR part 372, subpart B.
Impact on Industry and Public Health
This rule aims to bolster transparency regarding PFAS use, aiding in public health efforts by providing critical data on chemical releases. Communities can use this information to understand potential exposure risks and take appropriate actions to mitigate them.
By aligning with the FY2020 NDAA, the EPA underscores its commitment to safeguarding environmental and public health through stringent reporting and accountability measures for hazardous chemicals.
