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Toxics Release Inventory (TRI) Program

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.

Updates on Implementation

  • Reporting forms on the 172 PFAS initially added by the NDAA for Reporting Year 2020 are due by July 1, 2021.
    • On June 22, 2020, EPA published a final rule to include these PFAS in the Code of Federal Regulations.
  • 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.
  • For Reporting Year 2021 (reporting forms due by July 1, 2022), the NDAA automatically added three PFAS to the TRI list.
    • EPA will be revising the EPCRA Section 313 list of reportable chemicals in 40 CFR 372.65 to include the three PFAS added by the NDAA:
      • Perfluorooctyl iodide (507-63-1)
      • Potassium perfluorooctanoate (2395-00-8)
      • Silver(I) perfluorooctanoate (335-93-3)
  • Updates related to implementation of the NDAA’s requirements and TRI PFAS reporting will be provided on this page.

Key Information

  • Reporting forms for 172 PFAS added to the TRI list for RY 2020 are due by July 1, 2021.
  • For RY 2021 reporting (reporting forms due by July 1, 2022), facilities in TRI-covered industry sectors should begin tracking and collecting data on these chemicals during 2021.
    • Perfluorooctyl iodide (507-63-1)
    • Potassium perfluorooctanoate (2395-00-8)
    • Silver(I) perfluorooctanoate (335-93-3)
  • TRI reporting requirements apply to these PFAS (e.g., supplier notification) 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) (CASRN: 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.