EPA Issues Final Rule Updating List of Chemicals Subject to Toxic Chemical Release Inventory Reporting to Include Five PFAS Chemicals.

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On July 18, 2022 EPA issued a final rule adding five PFAS to the Toxics Release Inventory List (TRI). Earlier this year, this newsletter covered EPA’s January announcement that it would add four PFAS to the TRI. EPA’s newly issued final rule includes those four PFAS chemicals that were part of the earlier announcement as well as one additional PFAS chemical (potassium perfluorobutane sulfonate (potassium PFBS)). As highlighted in our prior issue, facilities that manufacture, process, or otherwise use chemicals listed on the TRI must submit annual reports to EPA that includes data about such chemicals’ release into the environment and the facilities’ waste management practices. Four of the five PFAS chemicals are reportable for the 2022 year, with reports due July 1, 2023. One of the five (with a scientific name about five lines long so we will just refer to it here by its CAS Registry Number: 65104-45-2) is reportable for 2021, and the rule notes that reports on this substance were previously due back on July 1 of this year.

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