5 PFAS Chemicals Added to EPCRA TRI Reporting List

On July 18, 2022, US EPA published a Final Rule to add five more per- and polyfluoroalkyl substances (PFAS) to the list of chemicals subject to Toxics Release Inventory (TRI) reporting requirements.

Also known as “SARA 313” or “Form R” reporting, the TRI report is required from facilities in specific industry sectors that manufacture, process, distribute, or use a listed chemical substance above its regulatory threshold. Reporting thresholds for PFAS are 100 pounds (40 CFR 372.29). 

Reports are due on July 1 and cover all activity from the previous calendar year. 

The National Defense Authorization Act (NDAA) for fiscal year 2020 required US EPA to immediately add 172 PFAS chemicals to the TRI list. The law also created a process that EPA must follow to add additional PFAS to the list on an annual basis.

The NDAA for FY 2020 requires EPA to automatically add PFAS (or classes of PFAS) to the EPCRA TRI list of reportable substances whenever one of the following actions is taken:

• EPA finalizes a toxicity value for a PFAS or class of PFAS;  
• EPA determines that a PFAS or class of PFAS is covered by a TSCA Significant New Use Rule (SNUR);
• EPA adds a PFAS or class of PFAS to an existing SNUR; or
• EPA finds that a PFAS or class of PFAS is active in commerce (under TSCA Section 8).

The Final Rule adds five PFAS below to the list of reportable substances. Four of the substances are added to the list effective January 1, 2022. The fifth is added effective January 1, 2021.

TRI reporting submitted by July 1, 2023 must account for these substances.  

EPCRA (Right-to-Know) & CERCLA (Superfund) Online Course 

Many facilities that manufacture, process, and use hazardous chemicals must comply with detailed requirements for chemical inventory reporting, release reporting, and emergency preparedness.

The Superfund and Right-to-Know Act Regulations online course familiarizes EHS professionals with the complex planning and reporting responsibilities in the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). 

Tags: chemicals, EPCRA, PFAS, TRI reporting