The U.S. Environmental Protection Agency (USEPA) is closer to implementing an important per- and polyfluoroalkyl substances (PFAS) requirement of the National Defense Authorization Act (NDAA). The NDAA added 172 PFAS to the list of chemicals required to be reported to the Toxics Release Inventory (TRI) and established a 100-pound reporting threshold for these substances. The USEPA is publishing a final rule that officially incorporates these requirements into the Code of Federal Regulations for TRI.
Per NDAA requirements, the PFAS additions became effective as of January 1, 2020. Reporting forms for these PFAS will be due to EPA by July 1, 2021, for calendar year 2020 data. USEPA expects to release raw data from information collected by July 31, 2021.
To provide clear information on which chemicals fall under the NDAA requirement, in February 2020, USEPA released a list of 172 PFAS chemicals that are subject to TRI reporting. Facilities in industry sectors affected by TRI requirements should track and collect data on these PFAS during 2020. All TRI reporting requirements apply to these PFAS (e.g., supplier notification), and TRI reporting exemptions, if applicable, are available for these PFAS. Note that TRI reporting requirements state that a facility should use readily available data collected pursuant to other provisions of law or where such data are not readily available, reasonable estimates of the amounts involved.
USEPA’s TRI provides the public with transparent information about the use of certain chemicals by tracking their management and associated activities. U.S. facilities in different industry sectors must report annually how much of each chemical is released to the environment and/or managed through recycling, energy recovery, and treatment. TRI helps support informed decision-making by companies, government agencies, non-governmental organizations, and the public.