EPA Proposes New PFAS Reporting Requirements For The Toxic Release Inventory

The U.S. Environmental Protection Agency ("EPA") released a proposed rulemaking in December to add per- and polyfluoroalkyl substances ("PFAS") subject to reporting under the Emergency Planning and Community Right-to-Know Act ("EPCRA") and the Pollution Prevention Act to the list of Lower Thresholds for Chemicals of Special Concern.

Under the EPCRA, certain facilities that manufacture, process or otherwise use listed chemicals in amounts above reporting threshold levels must annually report environmental releases and other waste management quantities of the listed chemicals. This "Toxic Release Inventory," or "TRI," provides EPA and the public with information regarding the releases and use of chemicals from covered facilities. EPA states that the proposed changes will result in greater reporting of the use and waste management of PFAS, including PFAS contained in chemical mixtures and trade name products.