TRI PFAS Obligations May Expand Considerably

August 10, 2023

Read the full article by John Gardella (The National Law Review)

"We previously reported on the EPA’s expansion of the Toxics Release Inventory (TRI) reporting requirements to include 189 types of PFAS. Now, the EPA is prepared to send a proposal to the White House Office of Management and Budget (OMB) that would curtail the “de minimus exemption” to TRI PFAS reporting. The proposal will have enormous impacts on numerous companies from a compliance standpoint, as well as increase risk for future PFAS litigation.

The EPA’s actions continue to broaden the impact on industry to comply with the significant reporting obligations. For any company that manufactures, imports, or utilizes PFAS, it is critical to pay attention to these developments, as well as take a forward-looking compliance assessment approach to likely future expansion of the PFAS reporting requirements.

Newest TRI PFAS Reporting

The EPA added nine PFAS types to the TRI reporting requirements in January 2023, which triggered a requirement for companies to begin collecting the required data in 2023, with reporting forms due July 1, 2024. The total number of PFS now subject to TRI reporting obligations is 189."