EPA Adds PFAS to TRI List for 2026 Reporting

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On October 7, 2025, EPA announced the addition of a new PFAS to the Toxics Release Inventory (TRI): PFHxS-Na (CASRN 82382-12-5).  PFHxS-Na is a salt associated with the PFAS PFHxS (CASRN 335-46-4).

The addition takes effect January 1, 2026.  EPA will likely publish the formal amendment to the list of TRI-reportable chemicals in the Federal Register shortly.

Why Was This PFAS Added?

PFHxS-Na was automatically added to the TRI list after EPA finalized a toxicity value for PFHxS and its salts in a 2025 Integrated Risk Information System (IRIS) report.  Under the FY 2020 National Defense Authorization Act (NDAA), PFAS must be added to the TRI list when certain criteria—such as a finalized toxicity value—are met.

According to the announcement, the other PFAS identified in that IRIS assessment are already on the TRI list.

Implications for Reporting Entities

Supplier notifications for PFHxS-Na will be first required as of January 1, 2026, and reporting companies will be required to include PFHxS-Na in their Reporting Year 2026 reports, according to an EPA webpage.

With this update, EPA says that a total of 206 PFAS are now subject to TRI reporting.  The agency previously added nine PFAS to the TRI list in January 2025 for Reporting Year 2025 reports, which are due July 1, 2026.

In addition, EPA has proposed a rule to add 16 individual PFAS and 15 PFAS categories to the TRI list, while also formalizing the criteria for automatic PFAS additions.  The Trump administration’s Spring 2025 Unified Agenda indicates that EPA will finalize the rule in February 2026.

More on that rulemaking and EPA’s other TRI PFAS actions can be found in our TRI archive.

Update – March 5, 2026

On February 27, 2026, EPA codified the addition of PFHxS-Na to the TRI list in the Federal Register.  Like all PFAS currently subject to TRI reporting, PFHxS-Na is subject to a reduced reporting threshold of 100 lbs.

California Releases Preliminary List of Companies Covered by New Climate Disclosure Laws

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On September 24, 2025, the California Air Resources Board (CARB) released a preliminary list of covered entities under two new California climate disclosure laws that will require thousands of companies to report, with initial reporting deadlines beginning in 2026.

California’s SB 261 and SB 253, enacted in 2023, apply to companies formed under U.S. law that do business in California and have total annual revenues above certain thresholds:

  • SB 261 ($500 million threshold): Requires biennial disclosure of climate-related financial risk beginning January 1, 2026.
  • SB 253 ($1 billion threshold): Requires annual disclosure of scope 1 and 2 greenhouse gas emissions for the prior fiscal year beginning in 2026, and scope 3 emissions beginning in 2027. CARB has proposed a June 30, 2026, deadline for the first submission.

For each company, the preliminary list indicates whether reporting is required under both laws or only under SB 261.

SB 261 Reporting Guidance

The preliminary list follows CARB’s September 2 release of draft guidance on compliance with SB 261, which clarifies what information covered entities must include in their biennial reports.

Under the draft guidance, covered entities can choose between three reporting frameworks to meet disclosure requirements for four different areas: governance, strategy, risk management, and metrics and targets.  For each reporting area, the draft guidance outlines minimum disclosure requirements.

The draft guidance acknowledges that disclosures “will vary depending on the company, the discretion of the preparers, and the chosen reporting framework.”  CARB also states that a “guiding principle in preparation of these reports should be meeting the needs of the users of the biennial reports,” such as “investors and other stakeholders.”

Notably, CARB is not currently requiring disclosure of scope 1, 2, or 3 emissions for the initial reporting period.  In addition, companies may submit disclosures based on either calendar year or fiscal year data for their first biennial report.

EPA Proposes Adding Over 100 PFAS to TRI List

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Significantly more PFAS substances would be subject to Toxic Release Inventory (TRI) reporting under a proposed rule published by EPA on October 8, 2024.  The proposed rule would add 16 individual PFAS and 15 PFAS categories to the TRI list, which currently contains 196 PFAS.

The proposed additions would be made due to their potential human health effects, environmental effects, or both.  According to EPA, the 15 proposed category additions encompass over 100 individual PFAS.

The added PFAS would be subject to a reporting threshold of 100 pounds.  The manufacture, processing, and otherwise use of substances within a PFAS category would cumulatively count towards that category’s 100-pound threshold.

EPA is also proposing to add the proposed PFAS to the list of chemicals of special concern, which would make them ineligible for the de minimis exemption.  Under the de minimis exemption, facilities can disregard small concentrations of TRI chemicals in mixtures and trade name products when making threshold determinations.

EPA previously designated existing PFAS on the TRI list as chemicals of special concern in October 2023.  In that rulemaking, EPA argued that the move would “result in a more complete picture of the releases and waste management quantities for PFAS.”

The FY 2020 National Defense Authorization Act (NDAA) instructed EPA to add certain PFAS to the TRI list with a 100-pound reporting threshold.  “Congress’ use of this low reporting threshold demonstrates a concern for even relatively small quantities of these PFAS,” EPA said.

EPA was required to evaluate some of the proposed PFAS additions for possible inclusion by section 7321 of the NDAA.  However, the NDAA did not specify what the threshold should be for those additions.  In the proposed rule, EPA defended its proposed 100-pound threshold, saying that it would “maintain consistency for all chemicals added to TRI pursuant to the NDAA.”

The NDAA also instructs EPA to add PFAS automatically when certain conditions are met.  In the proposed rule, EPA clarified its interpretation of those conditions, which include when EPA “finalizes a toxicity value” for a PFAS.

Finally, EPA is proposing that it add related PFAS (like an acid and its associated salts) under the NDAA as a category going forward. The proposed rule would also consolidate certain existing individual PFAS on the list into categories.

Comments on the proposed rule are due November 7, 2024.

EPA Finalizes TRI PFAS Reporting Rule

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On October 31, EPA published its final rule, Changes to Reporting Requirements for PFAS and to Supplier Notifications for Chemicals of Special Concern which modifies the requirements for TRI reporting. These new requirements take effect November 30, 2023, and will apply for the reporting year beginning January 1, 2024; first reports with these requirements will be due July 1, 2025. The rule puts forth two significant changes to the current reporting requirements.

The first change to the reporting requirements is that all PFAS presently subject to TRI reporting will be added to the TRI list of Chemicals of Special Concern (“COSC List”). In addition, in the future, any PFAS added to the TRI list of toxic chemicals will automatically be added to the COSC list without the Agency having to go through a separate rulemaking process as was previously required. Furthermore, all PFAS on the COSC list will be held to the same reporting standard as all other chemicals on the COSC list. This means that all PFAS will be excluded from the de minimis exemption, which had excused quantities of PFAS present in mixtures at less than 1 percent (0.1 for PFOA) from contributing to reporting thresholds. In addition, facilities will no longer be able to report these substances on Form A (the less extensive of the reporting forms) and will not be able to report quantities using ranges. Under the requirements previously in place, Form A could be used for PFAS reporting if each of the following criteria has been met:

  • The reportable chemical substance is not a PBT.
  • The reportable chemical substance was not manufactured, processed, or otherwise used in excess of 1,000,000 lbs.
  • If the total reportable amount of the chemical substance released did not exceed 500 lbs.

Under the new requirements, no one will be able to report PFAS manufacture, processing, use, and releases on Form A. However, Form A can still be used to meet the reporting requirements for PFAS during the 2023 reporting year; beginning in 2024, PFAS will need to be reported using the more extensive Form R.

The second change to the TRI reporting requirements eliminates the de minimis exemption under the supplier notification requirements for all COSC, including PFAS. This change also goes into effect for the 2024 reporting year. The de minimis exemption for supplier notification meant that raw material suppliers were not required to notify their customers of the presence of PFAS in mixtures below specific concentrations (1 percent for non-carcinogens and 0.1 percent for carcinogens or, in the present case, 1 percent for PFAS and 0.1 percent for PFOA). Eliminating the de minimis exemption for reporting will add notification requirements on suppliers of products containing COSC and include such information on their SDSs. Consequentially, facilities will have more information about their processing, use, and/or release of PFAS, and downstream manufacturers will likely have more information to report to EPA for TRI.

Environmental Groups Drop Lawsuit Following EPA Finalization of TRI PFAS Reporting Rule

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Environmental and health advocate groups, including the National PFAS Contamination Coalition and Union of Concerned Scientists, have dropped their lawsuit against EPA, challenging two of the Agency’s rules related to PFAS reporting under the Toxics Release Inventory of the Emergency Planning and Community Right-to-Know Act. The 2022 lawsuit alleged that the Agency’s rules Implementing Statutory Addition of Certain Per- and Polyfluoroalkyl Substances; Toxic Chemical Release Reporting and Implementing Statutory Addition of Certain Per- and Polyfluoroalkyl Substances (PFAS) to the Toxics Release Inventory Beginning with Reporting Year 2021, weakened PFAS reporting requirements imposed by the 2020 National Defense Authorization Act (NDAA) by allowing di minimus and alternative threshold exemptions.

The Plaintiffs agree that the issues raised in their 2022 complaint have been sufficiently addressed in EPA’s October 2023 final rule Changes to Reporting Requirements for Per- and Polyfluoroalkyl Substances and to Supplier Notifications for Chemicals of Special Concern; Community Right-to-Know Toxic Chemical Release Reporting which modified the TRI reporting requirements. The amended rule eliminates the di minimus reporting exemption with the purpose of increasing the amount of data on PFAS chemicals released to the environment required to be submitted to the Agency beginning in 2025. More detailed information on the new TRI PFAS reporting requirements can be found here. In both the proposed and final rule, EPA stressed that the two prior rules, the ones at issue in the litigation, resulted in minimal reporting on PFAS releases, and therefore, eliminating exemptions was necessary to achieve the goals of the NDAA.

California to Require Substantiation of Carbon Neutral Claims

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Under a new California law enacted on October 7, 2023, companies selling carbon offsets or making carbon-neutral claims must now provide evidence to substantiate these measures and claims.

The law requires that businesses marketing carbon offsets disclose specific information on their websites.  This includes details on how emissions reductions were estimated, data and calculation methods to verify these estimates, whether there is third-party oversight, and the accountability measures in place if the project is not completed or proves to be less effective than advertised.  Companies that buy offsets will be required to provide an overview of each offset, including the business that sold the offset, on their websites.

In addition, the measure requires companies that claim to be carbon neutral or claim that they have made significant emissions reductions to support their claims with all available evidence.  Companies must also disclose whether there is third-party oversight of their claims or supporting data.

The law, which is reportedly the first of its kind in the US, authorizes fines of up to $500,000 per violation.  In a press release, the law’s author characterized the legislation as providing necessary transparency amid concerns about corporate greenwashing and the effectiveness of many carbon offsets.

EPA Settles with Slack Chemical Company Following Alleged EPCRA Violations

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On October 11, 2023, EPA announced a settlement with Slack Chemical Company, Inc. (“Slack”) following alleged violations of the Emergency Planning and Community Right-to-Know Act (EPCRA) at two of the New York corporation’s facilities. The settlement includes a civil penalty of $231,300.

Under Section 313 of EPCRA, owners or operators of certain facilities are required to annually submit a Toxic Chemical Release Inventory Reporting Form R (“TRI Form R”) report for each chemical listed under 40 CFR 372.65 that was manufactured, processed or otherwise used in quantities exceeding a certain threshold. TRI Form R reports require information about on-site releases of the chemical into the environment, transfers of the chemical in waste to off-site locations, on-site waste treatment methods, and source reduction and recycling activities. Alternatively, owners or operators can opt to submit a simpler Toxic Chemical Release Inventory Reporting Form A (“TRI Form A”)  report when the quantity of the chemical manufactured, processed, or otherwise used is one million pounds or less, the total quantity released, disposed, and treated at the facility is 500 pounds or less, and the chemical is not considered to be of special concern. TRI Form R/Form A reports are due no later than July 1 for the preceding calendar year.

EPA alleges that Slack, which describes itself as a “chemical warehousing, repackaging and distribution company,” failed to submit timely TRI Form R/Form A reports at its Carthage and Saratoga Springs facilities for calendar years 2019 and 2021. More specifically, EPA alleges that Slack:

  • Submitted TRI Forms R or A for the chemical’s ammonia, methanol, nitric acid, and toluene at its Carthage facility and a TRI Form R for methanol at its Saratoga Springs facility on May 10, 2021, for calendar year 2019, approximately 10 months late; and
  • Submitted TRI Forms R or A for the same chemicals at the facilities on November 21, 2022, for the calendar year 2021, approximately 4.5 months late.

In a news release, EPA stated that Slack has “voluntarily instituted a corporate compliance plan to prevent recurrence of EPCRA reporting violations,” which includes a written procedure listing the steps needed to identify TRI chemicals and their quantities.

Implementing Statutory Addition of Certain PFAS Substances to the Toxics Release Inventory Reporting

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In July 2022, EPA released a final rule adding five PFAS to the list of chemicals required to be reported to the Toxics Release Inventory (TRI) under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA). TRI tracks the management of certain toxic chemicals that may pose a threat to human health or the environment and provides this information to the public. Pursuant to the National Defense Authorization Act (NDAA), EPA is required to automatically add PFAS to the TRI whenever it takes one of the following actions:

  • EPA finalizes a toxicity value for a PFAS or class of PFAS;
  • EPA determines that a PFAS or a class of PFAS is covered by a TSCA Significant New Use Rule (SNUR);
  • EPA adds PFAS or a class of PFAS to an existing SNUR; or
  • EPA finds that a PFAS or class of PFAS is active in commerce (under TSCA Section 8).

Under this rule, facilities in specific industry sectors that manufacture, process, distribute, or use any of the five PFAS added to the TRI, must submit a TRI report if they exceed the PFAS reporting threshold of 100 pounds. Four of the substances are added to the list effective January 1, 2022, and the remaining substance is effective January 1, 2021, meaning TRI reporting due in 2023 must account for these substances.

New York to Require Manufacturers to Disclose Chemical Ingredients in Cleaning Products

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New York announced the launch of its Household Cleansing Product Information Disclosure Program on April 25, 2017. This program will require manufacturers of household cleaning products sold in New York to disclose – on their websites – information on the chemical ingredients of those products. The state has issued draft guidance on the disclosure requirements and the Household Cleansing Product Information Disclosure Program Certification Form. Public comment on the form will be accepted through June 14, 2017. Manufacturers are to post all required information by no less than six months following publication of the final guidance document. In a press release announcing the program, the governor’s office noted that this program will serve as a pilot for potential expansion to other consumer products of concern, such as personal care or children’s products.

The Household Cleansing Product Information Disclosure Program is based on New York’s Environmental Conservation Law Article 35 enacted in the 1970s. It authorizes the state to require manufacturers to furnish product information for the public record. These requirements have been codified in the state’s Code of Rules and Regulations (NYCRR) at Part 659.6.

Detailed instructions for posting the information required are provided in the guidance document. The guidance discusses where on a manufacturer’s website the information should be located. It also notes that “information disclosed under this program must not be restricted from indexing by search engines, such as Google and Bing.”

Information requirements include

• Whether the product contains fragrance ingredients, including ingredients added to mask the scent of other ingredients (solvents, surfactants, etc.) in so-called “unscented” products;
• Intentionally added ingredients;
• Trace quantities; and
• Ingredients present only as an unintentional consequence of manufacturing.

Manufacturers will also be required to report on which of the chemicals in their products have been subject to the GreenScreen® comparative chemical hazard assessment (for information on the GreenScreen® Benchmark program see, the Clean Product Action website). In addition, manufacturers must disclose whether their products contain any nanomaterials and whether any of the chemicals in their products are included on a list of chemicals of concern (for information on the lists of chemicals of concern at issue, see the guidance document).

Manufacturers will be required to update their disclosures each time the ingredients in a product are changed, or a new product is introduced to the market.

Verdant Proudly Sponsors Prop.65 Clearinghouse's Green Chemistry Conference

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Green Chemistry:

Verdant is pleased to announce its sponsorship of the Prop.65 Clearinghouse Green Chemistry Annual Conference.  This year’s conference will be held on Tuesday, April 9, 2013, at the The City Club of San Francisco, 155 Sansome Street.

  • Verdant attorney, Philip Moffat, will present on “REACH 2013.”
  • Verdant attorney, Catherine Lin, will present on “Supply Chain Management.”

More information about the conference is available here and an agenda is available here.   A copy of Mr. Moffat’s presentation is available here [PDF].