On May 17, 2024, U.S. EPA finalized the addition of seven PFAS chemicals to the agency’s Toxic Release Inventory (TRI) program. These seven PFAS will become reportable for reporting year 2024, with a reporting deadline of July 1, 2025.
The newest PFAS additions bring the total number of TRI-listed PFAS to 196. The 2020 National Defense Authorization Act (NDAA) authorizes U.S. EPA to automatically add certain PFAS to the TRI program on an annual basis. The recently listed PFAS include the following:
- Perfluorohexanoic acid (PFHxA);
- Perfluoropropanoic acid (PFPrA);
- Sodium perfluorohexanoate;
- Ammonium perfluorohexanoate;
- 1,1,1-Trifluoro-N-[(trifluoromethyl)sulfonyl] methanesulfonamide (TFSI);
- Lithium bis[(trifluoromethyl)sulfonyl] azanide; and
- Betaines, dimethyl (gamma.-.omega.-perfluoro-.gamma.-hydro-C8-18-alkyl)
Although these seven chemicals will not need to be reported until July 1, 2025, facilities will need to report information based on activities in 2024, so it is important to be compiling relevant information now. In addition, it is important to remember that the previously listed 189 PFAS chemicals must be reported for reporting year 2023, with an upcoming reporting deadline of July 1, 2024. Reporting facilities must also keep in mind that U.S. EPA previously eliminated the de minimis exemption for listed PFAS when it designated PFAS as “chemicals of special concern” in October 2023, thus increasing the burden of information gathering and potentially reporting on listed compounds.
If you would like to discuss how this action may impact your business, please contact the authors or any members of the firm’s Environmental Practice Group.
Want more PFAS coverage?
Explore the articles below tracing the EPA’s evolving position and enforcement agenda for these “forever chemicals.”
- Congress Following States’ Lead to Phase Out PFAS
- PFOA and PFOS Are “Hazardous Substances” Under CERCLA: Key Takeaways and Questions for Real Estate Transactions
- Local Sewer Authorities and Biosolids Management Companies Need to Work Together
- U.S. EPA’s Upcoming Information “Request” for PFAS Information and Potential Sampling Warrants Careful Review and Consultation with Legal Counsel
- U.S. EPA Surges Forward with Its “PFAS Strategic Roadmap” in the First Quarter, Changing the Scope of PFAS Regulation in Several Ways
- U.S. EPA Issues “Game Changing” Listing of PFOA and PFOS Under CERCLA
- U.S. EPA Finalizes Drinking Water Limits for PFAS