Addition of Certain PFAS to the TRI by the National Defense Authorization Act

Section 7321 of the National Defense Authorization Act for Fiscal Year 2020 (NDAA) immediately added certain per- and polyfluoroalkyl substances (PFAS) to the list of chemicals covered by the Toxics Release Inventory (TRI) under Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) and provided a framework for additional PFAS to be added to TRI on an annual basis.

On this page:

• Updates on implementation
• Key information for Reporting Year 2022
• Newly reportable for the current reporting year and next reporting year
• Background

Updates on Implementation

• For Reporting Year 2022 (reporting forms due by July 1, 2023), 180 PFAS are reportable. See “Key Information” below for more information.
• For Reporting Year 2023 (reporting forms due by July 1, 2024), the NDAA automatically added nine additional PFAS to the TRI list. Facilities in TRI-covered industry sectors should begin tracking and collecting data on these chemicals during 2023.
• EPA has compiled summaries of existing TRI reporting guidance to address frequently asked questions related to PFAS reporting, and gathered links to external technical guidance. Find these resources in GuideME.

Key Information for Reporting Year 2022

• For Reporting Year 2022 (reporting forms due by July 1, 2023), 180 PFAS are reportable.
• TRI reporting requirements (e.g., supplier notification) apply to these PFAS and TRI reporting exemptions, if applicable, are available for these chemicals.
  • Other reporting requirements for PFAS are unchanged, including:
    • The de minimis level for Perfluorooctanoic acid (PFOA) (335-67-1) is 0.1%. All other PFAS additions have a de minimis level of 1%.
    • The NDAA establishes TRI manufacturing, processing, and otherwise use reporting thresholds of 100 pounds for each of the listed PFAS.
• EPA has compiled summaries of existing TRI reporting guidance to address frequently asked questions related to PFAS reporting, and gathered links to external technical guidance. Find these resources in GuideME.

Newly Reportable for the Current Reporting Year and Next Reporting Year

Background

On December 20, 2019, the NDAA was signed into law (PL 116-92). Among other provisions, section 7321(c) identifies certain regulatory activities that automatically add PFAS or classes of PFAS to the TRI list of reportable chemicals. Specifically, PFAS or classes of PFAS are added to the TRI list of reportable chemicals beginning January 1 of the calendar year after any one of the following dates:

• Final Toxicity Value: The date on which the Administrator finalizes a toxicity value for the PFAS or class of PFAS;
• Significant New Use Rule: The date on which the Administrator makes a covered determination for the PFAS or class of PFAS;
• Addition to Existing Significant New Use Rule: The date on which the PFAS or class of PFAS is added to a list of substances covered by a covered determination;
• Addition as an Active Chemical Substance: The date on which the PFAS or class of PFAS to which a covered determination applies is:
  • Added to the list published under section 8(b)(1) of the Toxic Substances Control Act (TSCA) (15 U.S.C. 2601 et seq.) and designated as an active chemical substance under TSCA section 8(b)(5)(A); or
  • Designated as an active chemical substance under TSCA section 8(b)(5)(B) on the list published under TSCA section 8(b)(1).

Under FY 2020 NDAA section 7321(e), EPA must review CBI claims before PFAS whose identities are subject to a claim of protection from disclosure under 5 U.S.C. 552(a) (pursuant to subsection (b)(4)) are added to the list. Certain substances that met the criteria under FY 2020 NDAA section 7321(c)(1)(A)(iii), but were subject to a claim of protection from disclosure under 5 U.S.C. 552(b)(4) at that time, were not added to the list; when these substances’ identities are published on the non-confidential portion of the TSCA Inventory, the chemicals are added to the list.