EPA Proposes Changes To TRI Reporting Of PFAS: Reporting More About Less

On December 5, EPA published in the Federal Register its long-anticipated proposal to eliminate the "de minimis" exemption for reporting small quantities released of per- and polyfluoroalkyl substances (PFAS) subject to Toxics Release Inventory (TRI) reporting. This effectively lowers the threshold for reporting PFAS that EPA was required to add to its TRI reporting requirement pursuant to the National Defense Authorization Act for Fiscal Year 2020 (NDAA). If issued in final form, the action would add PFAS to the list of Chemicals of Special Concern and change the reporting requirements for PFAS. EPA also proposed to remove the availability of the de minimis exemption for Supplier Notification Requirements for all chemicals on the list of Chemicals of Special Concern. These actions will likely increase the reporting burden for affected suppliers and manufacturers.