The U.S. Environmental Protection Agency announced on January 9 the automatic addition of seven per- and polyfluoroalkyl substances (PFAS) to the list of chemicals covered by the Toxics Release Inventory (TRI).
TRI data is reported to EPA annually by facilities in designated industry sectors and federal facilities that manufacture, process, or otherwise use TRI-listed chemicals above set quantities. The data include quantities of such chemicals that were released into the environment or otherwise managed as waste. Information collected through TRI allows communities to learn how facilities in their area manage listed chemicals and supports their local decision making.
The 2020 National Defense Authorization Act (NDAA) provided the statutory framework for the automatic addition of PFAS to TRI each year in response to specified EPA activities involving such PFAS. For TRI Reporting Year 2024, reporting forms due by July 1, 2025.
The 2020 NDAA includes a provision that automatically adds PFAS to the TRI list upon the Agency’s finalization of a toxicity value. Six PFAS were automatically added for Reporting Year 2024 due to the EPA having finalized a toxicity value during 2023. Only these particular salt forms of the acids are added to the list.
- Ammonium perfluorohexanoate; Chemical Abstract Service Registration Number (CASRN) 21615-47-4
- Lithium bis[(trifluoromethyl)sulfonyl] azanide; CASRN 90076-65-6
- Perfluorohexanoic acid (PFHxA); CASRN 307-24-4
- Perfluoropropanoic acid (PFPrA); CASRN 422-64-0
- Sodium perfluorohexanoate; CASRN 2923-26-4
- 1,1,1-Trifluoro-N-[(trifluoromethyl)sulfonyl] methanesulfonamide; CASRN 82113-65-3
Addition of PFAS no longer claimed as confidential business information
Under NDAA, the EPA must review confidential business information (CBI) claims before adding a PFAS to the TRI list if the chemical identity is subject to a claim of protection from disclosure under 5 U.S.C. 552(a). The identity of this chemical was subsequently declassified in an update to the Toxic Substances Control Act Inventory in February 2023. Because its identity is no longer confidential, the following chemical was added to the TRI list:
- Betaines, dimethyl(.gamma.-.omega.-perfluoro-.gamma.-hydro-C8-18-alkyl); CASRN 2816091-53-7
As of January 1, 2024, facilities that are subject to reporting requirements for these chemicals should begin tracking their activities involving these PFAS as required by Section 313 of the Emergency Planning and Community Right-to-Know Act. Reporting forms will be due by July 1, 2025.
These seven newly added PFAS, along with the previous 189 TRI-listed PFAS, are also subject to EPA’s action in October 2023 to classify all PFAS subject to TRI reporting as chemicals of special concern. Among other impacts, this removes the use of a reporting exemption that allowed facilities to avoid reporting information on PFAS when those chemicals were used in small concentrations.
Click here to learn more about the addition of these PFAS to the Toxics Release Inventory.
NGWA has long been an industry leader in providing PFAS research, education, and resources to the public and scientific communities. Learn more by visiting NGWA.org/PFAS, which is a complete resource center about the groundwater contaminants featuring a recently updated top-10 facts sheet, a position paper, and more.
The Association is hosting, Groundwater in the PFAS Era: Stressors, Protection, and Compliance Conference, April 16-17 in Tucson, Arizona. Click here to learn more.