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

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