EPA Proposes to Add 16 PFAS and 15 PFAS Categories to the TRI List of Chemicals

October 18, 2024

Read the full article by Bergeson & Campbell, P.C. (JD Surpa)

"The U.S. Environmental Protection Agency (EPA) proposed on October 8, 2024, to add 16 individual per- and polyfluoroalkyl substances (PFAS) and 15 PFAS categories representing more than 100 individual PFAS to the Toxics Release Inventory (TRI) list of toxic chemicals subject to reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA) to comply with the National Defense Authorization Act for Fiscal Year 2020 (NDAA). 89 Fed. Reg. 81776. The proposed rule also addresses how PFAS categories should be treated. Separately, the proposed rule discusses what events may trigger the automatic addition of a PFAS to the TRI pursuant to the NDAA. EPA notes that this discussion does not propose to list chemicals to the TRI pursuant to the NDAA, but rather describes what EPA documents and activities involving PFAS would trigger an automatic addition under the NDAA. Comments are due December 9, 2024. According to EPA, comments on the information collection provisions submitted to the Office of Management and Budget (OMB) under the Paperwork Reduction Act (PRA) are best assured of consideration by OMB if OMB receives a copy of the comments by November 7, 2024."