Comments Due Soon On EPA Proposed Rule To Eliminate De Minimis Exemption For PFAS Reporting Under The Toxic Release Inventory Program

Comments are due February 3^rd on EPA's proposed (and much anticipated) rule to eliminate use of the de minimis exemption for reporting on per- and poly-fluoroalkyl substances ("PFAS") under the Toxic Release Inventory ("TRI") program.

When the 2021 TRI data were published last year, those following the ever evolving world of PFAS were initially surprised to see such a small PFAS presence represented. Indeed, of the 75,890 total entries reported to TRI for all chemicals in 2021 (from nearly 21,000 facilities), EPA received merely 92 PFAS reporting forms on 46 different PFAS from 45 facilities. This information seems even more jarring considering that approximately 650 PFAS are currently in commerce (though only 172 are currently subject to TRI reporting) from about 120,000 facilities.