The U.S. Environmental Protection Agency issued a final rule to update the list of chemicals subject to Toxics Release Inventory (TRI) reporting to include seven additional per- and polyfluoroalkyl substances (PFAS) for Reporting Year 2024.
TRI data is reported to EPA annually by facilities in designated industry sectors and federal facilities that manufacture, process or otherwise use TRI-listed chemicals above specific quantities. The data includes quantities of listed chemicals released into the environment or otherwise managed as waste. Information collected through TRI allows communities to learn how facilities in their area are managing listed chemicals.
The data collected is available online and helps to support informed decision-making by companies, government agencies, non-governmental organizations and the public.
These seven PFAS were added automatically to TRI in accordance with the Fiscal Year 2020 National Defense Authorization Act (NDAA). The NDAA specifies EPA activities that trigger the addition of PFAS to TRI. Today’s final rule incorporates reporting requirements for seven PFAS into the Code of Federal Regulations, bringing the total number of PFAS subject to TRI reporting to 196.
The seven added PFAS and the previous 189 TRI-listed PFAS are also subject to EPA’s action in October 2023 to classify all PFAS subject to TRI reporting as chemicals of special concern. Among other impacts, this removes the use of a reporting exemption that allowed facilities to avoid reporting information on PFAS when those chemicals were used in small concentrations.
The 2020 NDAA includes a provision that automatically adds PFAS to TRI upon the Agency’s finalization of a toxicity value. Six PFAS were automatically added for Reporting Year 2024 due to EPA having finalized a toxicity value during 2023. Only these particular salt forms of the acids are added to the list.
- Ammonium perfluorohexanoate; Chemical Abstracts Service Registration Number (CASRN) 21615-47-4
- Lithium bis[(trifluoromethyl)sulfonyl] azanide; CASRN 90076-65-6
- Perfluorohexanoic acid (PFHxA); CASRN 307-24-4
- Perfluoropropanoic acid (PFPrA); CASRN 422-64-0
- Sodium perfluorohexanoate; CASRN 2923-26-4
- 1,1,1-Trifluoro-N-[(trifluoromethyl)sulfonyl] methanesulfonamide; CASRN 82113-65-3
PFAS No Longer Confidential Business Information
Under NDAA section 7321(e), EPA must review confidential business information (CBI) claims before adding a PFAS chemical to TRI if the chemical identity is subject to a claim of protection from disclosure under 5 U.S.C. 552(a). EPA previously identified one PFAS chemical for addition to TRI based on an NDAA provision to include specific PFAS upon its enactment. Due to CBI claims, however, the chemical was not added to TRI. In February 2023, the identity of this chemical was declassified in an update to the Toxic Substances Control Act Inventory. Because its identity is no longer confidential, the following chemical was added to TRI:
- Betaines, dimethyl(γ-ω-perfluoro-γ-hydro-C8-18-alkyl); CASRN 2816091-53-7
As of January 1, 2024, facilities subject to reporting requirements for the seven PFAS added to TRI must track activities involving these PFAS as required by Section 313 of the Emergency Planning and Community Right-to-Know Act. Reporting forms are due by July 1, 2025.
