The U.S. Environmental Protection Agency (EPA) has proposed to expand the Toxics Release Inventory (TRI) by adding 16 individual per- and polyfluoroalkyl substances (PFAS) and 15 PFAS categories, representing over 100 individual PFAS. These chemicals would be designated as chemicals of special concern, necessitating more stringent reporting requirements, including for small concentrations.
This proposal aligns with the Biden-Harris Administration's commitments and EPA’s PFAS Strategic Roadmap to address the health and environmental impacts of PFAS. The aim is to promote pollution prevention and inform the public about environmental releases of these "forever chemicals." Additionally, this proposal supports the Administration’s commitment to environmental justice and efforts to combat cancer under the Biden Cancer Moonshot initiative by providing data that can help identify sources of pollution.
Assistant Administrator for the Office of Chemical Safety and Pollution Prevention Michal Freedhoff stated, “With this rule, EPA would be able to collect data on how more than a hundred PFAS are released into the environment through Toxics Release Inventory reporting requirements. This information will help EPA and communities better understand how PFAS are being used and managed across the country.”
The TRI was established to track toxic chemical waste management and support pollution prevention actions. It requires regulated facilities to report annually on the amount of toxic chemicals released into the environment or managed through recycling, energy recovery, and treatment. Facilities must also report on practices used to prevent or reduce these chemicals as waste. The EPA makes this data publicly available to aid decision-making and support pollution prevention efforts.
The proposed addition of these PFAS is based on their toxicity to human health or the environment. Data indicates that these PFAS are linked to health issues such as cancer; liver and kidney damage; and reproductive and developmental harm.
EPA proposes a reporting threshold of 100 pounds for manufacturing, processing, or other uses, consistent with existing requirements for other PFAS added under the National Defense Authorization Act for Fiscal Year 2020 (NDAA). If finalized as proposed, all PFAS in a given category would count towards this threshold collectively. This change aims to improve reporting by preventing facilities from avoiding reports if each individual PFAS does not meet thresholds independently.
Additionally, EPA proposes reclassifying some previously listed individual PFAS into one of the new categories. The rule also seeks clarity on how PFAS are automatically added to TRI under NDAA provisions when EPA finalizes a toxicity value.
Public comments on this proposed rule will be accepted for 60 days following its publication in the Federal Register via docket EPA-HQ-TRI-2023-0538 at Regulations.gov.
Learn more about the proposed rule.
