EPA Proposes More Stringent Reporting Of PFAS Data To The Toxics Release Inventory

On December 5, 2022, the Environmental Protection Agency ("EPA")proposed a new rule that would increase reporting obligations for per- and polyfluoroalkyl substances ("PFAS") to the Toxics Release Inventory ("TRI"). PFAS are synthetic chemicals with wide commercial and industrial applications, including firefighting foams, greaseproof food wrapping, nonstick cookware, water-repellent fabrics, carpets, and textiles. The 2020 National Defense Authorization Act added certain PFAS to the list of chemicals covered by TRI, with a framework to add additional PFAS in subsequent years. The use reporting thresholds for these substances is 100 pounds. However, facilities and suppliers were exempted from reporting small, or de minimis, concentrations of PFAS chemicals in mixtures or trade name products when the concentration was below certain thresholds, typically 1% but 0.1% for perfluorooctanoic acid ("PFOA").