New EPA Rules Require PFAS Reporting from Regulated Facilities

The U.S. Environmental Protection Agency (EPA) has enacted new regulations that add seven per- and polyfluoroalkyl substances (PFAS) to the Toxics Release Inventory (TRI) program under Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA). This update requires facilities involved in the manufacturing, processing, or use of these specific PFAS chemicals to report their releases starting from the 2024 reporting year.

Specific PFAS Chemicals Added

The seven PFAS chemicals now included in the TRI program are:

1. Perfluorohexanoic acid (PFHxA)
2. Perfluoropropanoic acid (PFPrA)
3. Sodium perfluorohexanoate
4. Ammonium perfluorohexanoate
5. 1,1,1-Trifluoro-N-[(trifluoromethyl)sulfonyl] methanesulfonamide (TFSI)
6. Lithium bis[(trifluoromethyl)sulfonyl] azanide
7. Betaines, dimethyl(.gamma.-.omega.-perfluoro-.gamma.-hydro-C8-18-alkyl)

Reporting Threshold and Deadline

Facilities must report any releases of these PFAS chemicals if they exceed the 100-pound annual threshold. The reports for the 2024 reporting year are due by July 1, 2025. However, facilities should begin tracking their use of PFAS chemicals now to ensure compliance with future reporting requirements.

Special Designation and Reporting Requirements

According to EPA regulations titled “Changes to Reporting Requirements for Per- and Polyfluoroalkyl Substances,” the newly added PFAS chemicals are designated as “chemicals of special concern.” This designation means they are excluded from the de minimis exemption, which allows facilities to bypass reporting negligible amounts of chemicals present in mixtures below 1% (or 0.1% for carcinogens). Consequently, facilities must track and report even very small quantities of PFAS in their products or materials.

Implications for Regulated Facilities

The new reporting requirements emphasize the importance of meticulous tracking and documentation of PFAS chemicals by regulated facilities. This measure aims to enhance transparency and environmental safety by ensuring that even minimal PFAS releases are reported and monitored. Facilities are encouraged to review and update their tracking systems to comply with the updated EPA regulations effectively.