EPA Adds PFAS to Toxics Release Inventory Reporting

On May 18, EPA finalized its rule to add 172 per- and polyfluoroalkyl substances (PFAS) to the Toxics Release Inventory (TRI) chemical reporting list under section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA). These PFAS additions were mandated by the National Defense Authorization Act (NDAA) and became effective on January 1, 2020. Reporting for these PFAS will be due to EPA by July 1, 2021, for calendar year 2020 data and EPA expects to release the raw reporting data by July 31, 2021.

In February 2020, ASDWA submitted a joint letter of comment with ACWA and ECOS on the advance notice of this proposed rulemaking that supported the addition of PFAS in TRI reporting. However, while our comment letter recommended lowering the 100-pound reporting threshold through consultations with states in order to capture lower concentrations that can rapidly accumulate in watersheds and potentially affect public drinking water supplies, fish tissue intended for human consumption, aquatic life, and soils, this final rule maintained and established the 100-pound reporting threshold in the NDAA.

For more information and to read the pre-publication of the rule, visit EPA’s website.