PFAS Reporting: New EPA Regulations for 2023-24

Posted on 11/2/2023 by Nick Waldron and Roger Marks

PFAS: New EPCRA TRI Reporting Rules 

Updated November 2, 2023: 
A recent change to the EPCRA Toxic Release Inventory (TRI) reporting requirements for chemical facilities affects the way that some sites will report on production, distribution, and use of per- and polyfluoroalkyl substances (PFAS) in the future. 

A Final Rule published on October 31 adds PFAS to an exclusive section of the TRI reportable chemicals list—the list of “chemicals of special concern” (40 CFR 372.28). 

The updated chemical reporting rules take effect on November 30, 2023. The rule will be in effect for the 2024 reporting year, which means that first “new” TRI reporting on PFAS from covered facilities will be July 1, 2025.

TSCA PFAS Reporting Rule Gets May 2025 Deadline

Updated October 11, 2023: 
A new TSCA reporting rule requires manufacturers and importers of per- and polyfluoroalkyl substances (PFAS) or articles containing PFAS to submit extensive reporting about chemical usage, production volumes, exposure, hazard information, and disposal.

Any person who has manufactured or imported PFAS or PFAS-containing articles since January 1, 2011 will have 18 months to electronically report PFAS data to US EPA as of the rule's effective date, November 13, 2023

After a year-long period to collect and compile the data required, covered businesses will have six months—until May 8, 2025—to submit their reporting. Small manufacturers that imported PFAS-containing articles but did not manufacture PFAS will have more time, 24 months, to report (until November 10, 2025).

At least 1,462 PFAS have been made or used in the US since 2011 and will be subject to reporting under this rule, EPA says. 41 have been added since EPA proposed this reporting rule in June 2021.

Chemical diagram 

Why is PFAS Hazardous to the Environment?

Per- and polyfluoroalkyl substances (PFAS) are referred to as “forever chemicals” because their chemistry—a carbon-fluorine bone—prevents them from breaking down under typical environmental conditions. The degradation of these synthetic organic compounds can take hundreds or thousands of years.

More than 600 compounds containing PFAS chemicals are used in the US to manufacture a wide variety of products: firefighting foam, non-stick cookware, cosmetics, carpet stain-prevention treatments, and dental floss, to name a few.

Updated 08/30/21: PFAS TSCA Rule Comment Period Extended

Earlier this month, EPA extended the comment period on its new TSCA reporting rule to September 27, 2021.The extension appeared in the Federal Register on August 3.

Updated 06/28/21: New TSCA Reporting Rule for PFAS Proposed

Today US EPA proposed a new TSCA rule to require manufacturers and importers of PFAS to report on their activities. Comments on the proposal are due by August 27, 2021.

Published 06/14/21: EPA Plans TSCA Rule Change for PFAS 

US EPA will require businesses that manufactured or imported PFAS in the past ten years to report production and safety data under a new Toxic Substances Control Act (TSCA) rule the agency is preparing to propose.

Read the proposed rule in the June 28 Federal Register.

TSCA Section 8 Reporting & Recordkeeping for PFAS

The proposed rule would require persons that presently manufacture or import, or have manufactured or imported, PFAS chemicals in any year since January 1, 2011, to electronically report information about their activities, including:

  • uses,
  • production volumes,
  • disposal,
  • exposure, and
  • hazards.

The manufacture of PFAS as a byproduct is not exempt for the purpose of this proposed rule, and there is no exception for small manufacturers/importers.

PFAS Reporting: New EPA Regulations for 2023-24

Master Environmental Compliance At Your Own Pace

If you’re new to the field of environmental compliance or need an update on changing EPA rules, online training is a convenient way to quickly build in-depth expertise.

The Complete Environmental Regulations online course will prepare you to identify the 40 CFR regulations that impact your facility and take the steps need to achieve compliance. If you prefer training with an instructor, jump on for Lion's last webinar training of the year on December 14–15.

Tags: chemicals, environmental compliance, PFAS, TSCA

Find a Post

Compliance Archives

Lion - Quotes

Best instructor ever! I was going to take my DOT training w/a different provider, but based on this presentation, I will also be doing my DOT training w/Lion!

Donna Moot

Hazardous Waste Professional

I like Lion's workshops the best because they really dig into the information you need to have when you leave the workshop.

Tom Bush, Jr.

EHS Manager

You blew the doors off the competition!

Stephen Bieschke

Facilities Manager

Lion was very extensive. There was a lot of things that were covered that were actually pertaining to what I do and work with. Great Job. I will be coming back in three years!

Tony Petrik

Hazmat Shipping Professional

The course is well thought out and organized in a way that leads to a clearer understanding of the total training.

David Baily

Hazmat Shipping Professional

I like the consistency of Lion workshops. The materials are well put together and instructors are top notch!

Kevin Pylka

Permitting, Compliance & Environmental Manager

Very good. I have always appreciated the way Lion Tech develops, presents and provides training and materials.

John Troy

Environmental Specialist

The instructor kept the class engaged and made learning fun. There was a lot of information to cover but time flew by. I will definitely use Lion in the future!

Chelsea Minguela

Hazmat Shipping Professional

The instructor was probably the best I ever had! He made the class enjoyable, was humorous at times, and very knowledgeable.

Mary Sue Michon

Environmental Administrator

Lion is at the top of the industry in compliance training. Course content and structure are updated frequently to make annual re-training enjoyable. I like that Lion has experts that I can contact for 1 year after the training.

Caroline Froning

Plant Chemist

Download Our Latest Whitepaper

Some limited quantity reliefs are reserved for specific modes of transport. Use this guide to identify which reliefs you can capitalize on, and which do not apply to your operations.

Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.