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ARTICLE · 29 MARCH 2023

Latest TRI Data Show Modest Increase In PFAS Reporting

Kelley Drye & Warren LLP
Kelley Drye & Warren LLP
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Kelley Drye & Warren LLP

Kelley Drye & Warren LLP

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Last week, EPA released the Agency's 2021 Toxic Release Inventory ("TRI") Analysis showing that only 44 facilities submitted 89 forms on their per- and polyfluoroalkyl ("PFAS") releases...

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Last week, EPA released the Agency's 2021 Toxic Release Inventory ("TRI") Analysis showing that only 44 facilities submitted 89 forms on their per- and polyfluoroalkyl ("PFAS") releases and waste management, a marginal increase over the 38 facilities that submitted such data in 2020. The TRI Analysis comes on the heels of EPA's proposed (and highly anticipated) rule to eliminate the use of the de minimis exemption for reporting on PFAS under the TRI program, the comment period for which expired on February 3rd. The de minimis exemption, a long-standing TRI policy, allows facilities to ignore minimal amounts of substances in chemical mixtures when present at concentrations below 1% (or 0.1% for carcinogens).

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