PFAS And The Toxics Release Inventory (TRI): Implications For Businesses And Communities

In October 2024, the U.S. Environmental Protection Agency (EPA) proposed adding sixteen individual per- and polyfluoroalkyl substances (PFAS) and fifteen PFAS categories, accounting for more than 100 chemicals, to the Toxics Release Inventory (TRI), which is the EPA's resource databank for learning about toxic chemical releases and pollution prevention activities reported by industrial and federal facilities. This proposal aligns with the aggressive National Defense Authorization Act for Fiscal Year 2020 (NDAA) that first added certain PFAS to the list of chemicals covered by the TRI under Section 313 of the Emergency Planning and Community Right-to-Know-Act (EPCRA), and aims to enhance public access to data on these infamous "forever chemicals" while creating significant implications for compliance, litigation, and risk mitigation.