On January 28, EPA announced the addition of four per- and polyfluoroalkyl substances (PFAS) to the Toxics Release Inventory (TRI) list. These additions were prompted by the fiscal year 2020 National Defense Authorization Act (NDAA). Section 7321 of the NDAA provides a framework for adding PFAS to the TRI. Specific PFAS were added to the TRI by the act including perfluorooctanoic acid (PFOA) and its salts and perfluorooctane sulfonic acid (PFOS) and its salts. These were added to the TRI list on January 1.
The NDAA mandates the addition of other PFAS substances to the TRI list when they are the subject of certain regulatory actions. Such actions include finalizing a toxicity value, issuing a significant new use rule (SNUR), and the addition of a PFAS substance to an existing significant new use rule. The reporting requirement goes into effect January 1 the year following the regulatory action.
In April 2021, EPA finalized a toxicity value for perfluorobutane sulfonic acid (PFBS) (CASRN 375-73-5) and potassium perfluorobutane sulfonate (CASRN 29420-49-3). These two PFAS substances are being added to the TRI list because EPA finalized a toxicity value. PFBS-based compounds are replacement chemicals for PFOS, a chemical that the primary U.S. manufacturer voluntarily phased out by 2002.
A third PFAS, a substance being regulated by an existing SNUR, was designated as “active” on the TSCA Inventory. Therefore, this substance has also been added to the TRI.
The fourth PFAS is a substance for which EPA had to review CBI claims before adding it to the TRI list: CASRN 203743-03-7. The NDAA provides for Agency review of any CBI claims before adding any PFAS to the TRI list whose identity is listed on the confidential Inventory. For this substance, CBI claims were “declassified.”
Reporting requirements for these PFAS substances are in effect for 2022. Facilities that manufacture, process or otherwise use more than 100 pounds of any listed PFAS substance during 2022 are required to submit an EPCRA Section 313 report. Reporting for calendar year 2022 is required by July 1, 2023. Reports are submitted through EPA’s CDX TRIMEweb.