US EPA Announces Addition of 4 PFAS to the Toxics Release Inventory List

Jan. 25, 2022

TRI data are reported to EPA annually by facilities in certain industry sectors that manufacture, process, or use TRI-listed chemicals above certain quantities. 

As part of the comprehensive Strategic Roadmap to tackle the health and environmental risks of PFAS, the U.S. EPA announced the automatic addition of four per- and polyfluoroalkyl substances (PFAS) to the Toxics Release Inventory (TRI) list.

According to EPA, TRI data are reported to EPA annually by facilities in certain industry sectors that manufacture, process, or use TRI-listed chemicals above certain quantities. 

“We will use every tool in our toolbox to protect our communities from PFAS pollution,” said Assistant Administrator for the Office of Chemical Safety and Pollution Prevention Michal Freedhoff, reported EPA. “Requiring companies to report on how these PFAS are being managed, recycled, or released is an important part of EPA’s comprehensive plan to fill critical data gaps for these chemicals and take meaningful action to safeguard communities from PFAS.”

The Fiscal Year 2020 National Defense Authorization Act (NDAA) provides the framework for adding additional PFAS to the TRI, and for TRI Reporting Year 2022 reporting is required for four additional PFAS.

Section 7321(c) of the NDAA identifies certain regulatory activities that automatically add PFAS or classes of PFAS to the TRI beginning Jan. 1 the following year, according to EPA.

Resultantly, in Apr. 2021, EPA finalized a toxicity value for perfluorobutane sulfonic acid (PFBS) and potassium perfluorobutane sulfonate (potassium PFBS). 

PFBS-based compounds are replacement chemicals for PFOS. 

As of Jan. 1, 2022, facilities required to reporting requirements for these chemicals should start tracking their activities involving these PFAS as required by Section 313 of the Emergency Planning and Community Right-to-Know Act. These forms will be due to EPA by Jul. 1, 2023.

In addition to adding PFAS to the TRI, EPA also will also announce a series of PFAS test orders, which will require PFAS manufacturers to provide the agency with toxicity data and information on PFAS.

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