EPA Proposes Rule To Eliminate De Minimis PFAS Reporting Exemption

The U.S. Environmental Protection Agency (EPA) announced a proposed rule in December 2022 that, if issued, would eliminate a regulatory exception that exempts facilities from reporting the use of de minimis amounts of PFAS (per- and polyfluoroalkyl substances) and other "chemicals of special concern" subject to Toxic Release Inventory (TRI) reporting. Under the Emergency Planning and Community Right-to-Know Act, certain facilities that manufacture, process or otherwise use TRI-listed chemicals must annually report releases, and suppliers of TRI substances must notify customers that those products are subject to TRI reporting.

Under the current rule, PFAS have a reporting threshold of 100 pounds. However, if PFAS are added to the list of "chemicals of special concern," facilities will no longer be permitted to rely on the de minimis exemption to bypass reporting requirements. The rule would enhance PFAS reporting requirements by requiring facilities to report on PFAS