On October 23, 2023, the U.S. Environmental Protection Agency (EPA) announced a rule change related to per- and polyfluoroalkyl substances (PFAS) reporting under the Toxics Release Inventory (TRI) program. The EPA’s final rule removes the reporting exemption for PFAS, even if utilized in small concentrations. This policy change becomes effective on November 13, 2023, and will include a one-year “information collection” period followed by a six-month reporting period that will expire on May 8, 2025. This rule affects those who manufacture, process, or use listed PFAS or related chemicals.
The EPA’s decision is a direct response to a mandate served from the National Defense Authorization Act for Fiscal Year 2020 (NDAA), which added PFAS reporting to the list of Lower Thresholds for Chemicals of Special Concern. This designation now places PFAS under the same reporting requirements as other chemicals of special concern, eliminating the de minimis exemption and restricting the use of Form A and range reporting for PFAS. The update requires facilities to report on PFAS regardless of their concentration in mixtures.
The EPA is also removing the de minimis exemption for Supplier Notification Requirements for all chemicals on the list of chemicals of special concern.
- A copy of the pre-publication final rule can be found at the following link: prepublication_8741-04_fr_doc_for_aa_esignature_10.18.2023_3.pdf (epa.gov).
- The October 11, 2023, Federal Register notice announcing the final rule can be found at the following link: https://www.govinfo.gov/content/pkg/FR-2023-10-11/pdf/2023-22094.pdf.