EPA Expands List of PFAS Subject to TRI Reporting

Kelley Drye & Warren LLP

The U.S. Environmental Protection Agency (EPA) is adding three per-/poly-fluoroalkyl substances (PFAS) to the list of substances reportable under the agency’s Toxic Release Inventory (TRI) reporting program.  Consistent with a recently leaked document highlighting priorities of the Office of Pollution Prevention and Toxics (OPPT), the agency announced earlier today (June 3) the addition of perfluorooctyl iodide (CAS No. 507-63-1), potassium perfluorooctanoate (2395-00-8), and silver(I) perfluorooctanoate (335-93-3) for the 2021 reporting year, meaning that the three PFAS are subject to reporting by July 1, 2022.

Last June, EPA issued an initial list of 160 PFAS for inclusion in the TRI program pursuant to a mandate in the National Defense Authorization Act for Fiscal Year 2020 (“NDAA”).  The NDAA also requires addition to the TRI list of PFAS that subsequently are the subject of other agency actions, such as a Toxic Substances Control Act (TSCA) significant new use rule (SNUR), designation as an active TSCA substance, or agency adoption of a final toxicity value.  The three new PFAS each were included within the scope of a June 2020 SNUR.

Based on the NDAA criteria, it is expected that EPA soon will add perfluorobutane sulfonic acid (PFBS) to the TRI list, after the agency released an updated toxicity assessment for the substance in April.  EPA’s regulatory agenda anticipates further expansion of the TRI PFAS list in the future.

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