PFAS Regulatory Update

On May 19, 2020, the U.S. Environmental Protection Agency (EPA) took the next step to implement 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 agency is publishing a final rule that officially incorporates these requirements into the Code of Federal Regulations for TRI. The inclusion of 172 PFAS on the TRI list will provide EPA with important information on these emerging chemicals of concern.

As this action is being taken to conform the regulations to a Congressional legislative mandate, this rule is effective immediately. Per the 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. EPA expects to release raw data from information collected by July 31, 2021.

EPA’s TRI is an important tool that provides the public with 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.

To view the final rule, visit at epa.gov/toxics-release-inventory-tri-program/implementing-statutory-addition-certain-and-polyfluoroalkyl.

Learn more about the addition of PFAS chemicals to TRI, including a list of the 172 PFAS subject to TRI reporting at epa.gov/toxics-release-inventory-tri-program/addition-certain-pfas-tri-national-defense-authorization-act.

For more information EPA’s efforts under the PFAS Action Plan at epa.gov/pfas.