PFAS: EPA Proposes Significant Expansion of PFAS Reporting Requirements

On October 8, 2024, the U.S. Environmental Protection Agency (EPA) published a proposed rule to substantially expand the reporting requirements for per- and polyfluoroalkyl substances (PFAS) under the Toxics Release Inventory (TRI). This proposal aims to add 16 individually listed PFAS and 15 PFAS categories, representing over 100 individual PFAS, to the 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).
Key aspects of the proposed rule include:

• Addition of new PFAS and PFAS categories to the TRI list.
• Reclassification of certain individually listed PFAS into chemical categories.
• Designation of all described PFAS as chemicals of special concern.
• Introduction of category reporting, allowing facilities to submit a single form for a category that accounts for all member chemicals.

The proposed categorization approach is particularly significant for companies using PFAS in their production and manufacturing processes. Under this system, reporting thresholds would apply to the entire category rather than individual substances. This change may result in more frequent threshold exceedances, as the combined quantities of multiple substances within a category would be considered.
The EPA has proposed a reporting threshold of 100 pounds for manufacturing, processing, and otherwise use of each individually listed PFAS and PFAS category. This threshold is consistent with previously set PFAS TRI reporting requirements and reflects their designation as chemicals of special concern.
Companies will need to adapt their reporting practices to account for these new categories and associated substances when calculating their limit values. This may require a more comprehensive assessment of PFAS use throughout their operations.
This proposal represents a significant step in the EPA's ongoing efforts to address PFAS contamination and increase transparency regarding their use and release into the environment. If finalized, these changes would take effect for the 2025 reporting year, with the first reports due by July 1, 2026.