EPA Requires Reporting on Releases and Other Waste Management for Nine Additional PFAS
Today, the U.S. Environmental Protection Agency (EPA) announced the automatic addition of nine per- and polyfluoroalkyl substances (PFAS) to the Toxics Release Inventory (TRI) list.
TRI data are reported to EPA annually by facilities in certain industry sectors and federal facilities that manufacture, process, or otherwise use TRI-listed chemicals above certain 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 are managing listed chemicals. The data collected also helps to support informed decision-making by companies, government agencies, non-governmental organizations, and the public.
The addition of these PFAS supports the Biden-Harris Administration’s commitment to address the impacts of these forever chemicals, and advances EPA’s PFAS Strategic Roadmap to confront the human health and environmental risks of PFAS.
“Communities have a right to know how and where PFAS are being managed, released, or recycled” said Assistant Administrator for the Office of Chemical Safety and Pollution Prevention Michal Freedhoff. “EPA continues to work to fill critical data gaps for these chemicals and ensure this data is publicly available.”
These nine PFAS were added to the TRI list pursuant to the Fiscal Year 2020 National Defense Authorization Act (NDAA), which provides the framework for the automatic addition of PFAS to TRI each year in response to certain EPA activities involving such PFAS. For TRI Reporting Year 2023 (reporting forms due by July 1, 2024), reporting is required for nine additional PFAS, bringing the total PFAS subject to TRI reporting to 189.
Addition of four PFAS no longer claimed as confidential business information
Under NDAA section 7321(e), 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). EPA previously identified four PFAS for addition to the TRI list based on the NDAA’s provision to include certain PFAS upon the NDAA’s enactment. However, due to CBI claims related to their identities, these PFAS were not added to the TRI list at that time. The identities of these PFAS were subsequently declassified in an update to the TSCA Inventory in February 2022 because at least one manufacturer did not claim them as confidential during prior CDR reporting. Because they were no longer confidential, pursuant to the NDAA, the four chemicals were added to the TRI list:
Alcohols, C8-16, γ-ω-perfluoro, reaction products with 1,6-diisocyanatohexane, glycidol and stearyl alc. (2728655-42-1)
Acetamide, N-[3-(dimethylamino)propyl]-, 2-[(γ-ω-perfluoro-C4-20-alkyl)thio] derivs. (2738952-61-7)
Acetic acid, 2-[(γ-ω-perfluoro-C4-20-alkyl)thio] derivs., 2-hydroxypropyl esters (2744262-09-5)
Acetamide, N-(2-aminoethyl)-, 2-[(γ-ω-perfluoro-C4-20-alkyl)thio] derivs., polymers with N1,N1-dimethyl-1,3-propanediamine, epichlorohydrin and ethylenediamine, oxidized (2742694-36-4)
Addition of five PFAS with final toxicity values
The 2020 NDAA includes a provision that automatically adds PFAS to the TRI list upon the agency’s finalization of a toxicity value. In December 2022, EPA finalized a toxicity value for Perfluorobutanoic acid (PFBA), its anion, and its related salts. Pursuant to the NDAA, the following five chemicals have been added to the TRI:
Ammonium perfluorobutanoate (10495-86-0)
Potassium perfluorobutanoate (2966-54-3)
Sodium perfluorobutanoate (2218-54-4)
As of January 1, 2023, facilities which are subject to reporting requirements for these chemicals should start tracking their activities involving these PFAS as required by Section 313 of the Emergency Planning and Community Right-to-Know Act.
As part of EPA’s PFAS Strategic Roadmap, the Agency also proposed a rule in December 2022 to enhance PFAS reporting to TRI by eliminating an exemption that allows facilities to avoid reporting information on PFAS when those chemicals are used in small, or de minimis, concentrations. Because PFAS are used at low concentrations in many products, this rule would ensure that covered industry sectors and federal facilities that make or use TRI-listed PFAS will no longer be able to rely on the de minimis exemption to avoid disclosing their PFAS releases and other waste management quantities for these chemicals.