Addition of Certain Per- and Polyfluoroalkyl Substances to the Toxics Release Inventory
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Rule Summary
In October 2024, EPA proposed to add 16 individual per- and polyfluoroalkyl substances (PFAS) and 15 PFAS categories representing over 100 individual PFAS to the Toxics Release Inventory (TRI). It would also designate them as chemicals of special concern so they must meet more robust reporting requirements, including reporting even for small concentrations.
These PFAS are being proposed for addition to the TRI based on their toxicity to human health, the environment or both. Data shows that the PFAS being proposed are linked to health outcomes such as cancer; damage to the liver and kidneys; and damage to reproductive and developmental systems.
EPA is proposing to set a reporting threshold of 100 pounds for manufacture, processing and other uses. This is consistent with reporting requirements for other PFAS on the TRI list added pursuant to the National Defense Authorization Act for Fiscal Year 2020 (NDAA). If finalized as proposed, all of the PFAS in a given category would count towards the 100-pound reporting threshold for that category. This change would improve reporting on PFAS by ensuring that facilities would not be able to avoid reporting on PFAS that are similar to one another if each PFAS does not meet the reporting threshold individually. For the same reason, EPA is also proposing to reclassify some PFAS that were previously added to the TRI individually as part of one of the 15 PFAS categories.
Finally, with this rule, EPA is also proposing to clarify how PFAS are automatically added to the TRI under the NDAA. The NDAA provides the framework for the automatic addition of PFAS to the TRI each year in response to specified EPA activities, including whenever the Agency “finalizes a toxicity value.” To assist stakeholders in understanding this automatic addition provision within the NDAA, EPA is proposing a list of different types of EPA toxicity values which automatically initiate the process of adding any PFAS associated with the toxicity value to the TRI list.
EPA will accept public comments on the proposed rule for 60 days following publication in the Federal Register.
View the proposed rule.
The public can view supporting materials in the docket once the rule publishes in the Federal Register.
Rule History
On December 20, 2019, the NDAA was signed into law. Section 7321 of the act immediately added certain PFAS to the list of chemicals covered by the TRI under the Emergency Planning and Community Right-to-Know Act Section 313 and provided a framework for additional PFAS to be added to the TRI on an annual basis. In addition, the NDAA requires EPA to consider additional PFAS for adding to the TRI list. Among other proposed changes, this rulemaking is proposing to add identified PFAS to the TRI list pursuant to this requirement.