(AGENPARL) – lun 23 ottobre 2023 Issued: Oct 23, 2023 (10:32am EDT)
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EPA Finalizes Rule to Require Enhanced PFAS Reporting to the Toxics Release
Inventory
WASHINGTON (Oct. 20, 2023) – Today, the U.S. Environmental Protection Agency
(EPA) finalized a rule that improves reporting on per- and polyfluoroalkyl
substances (PFAS) to the Toxics Release Inventory (TRI) by eliminating an
exemption that allowed facilities to avoid reporting information on PFAS when
those chemicals were used in small concentrations. Often referred to as
“forever chemicals,” PFAS are used at low concentrations in many products,
and as a result of removing this reporting exemption, covered industry sectors
such as manufacturing, metal mining, and chemical manufacturing, as well as
federal facilities that make or use any of the 189 TRI-listed PFAS, will no
longer be able to avoid disclosing the quantities of PFAS they manage or
release into the environment. 
“People deserve to know if they’re being exposed to PFAS through the air
they breathe, the water they drink, or while they’re on the job,” said
Assistant Administrator for the Office of Chemical Safety and Pollution
Prevention Michal Freedhoff. “Under this new rule, EPA will receive more
comprehensive data on PFAS and looks forward to sharing that data with our
partners and the public.”
The rule reflects the Biden-Harris Administration’s commitment to address
the impacts of these forever chemicals, and advances EPA’s PFAS Strategic
Roadmap to confront the human health and environmental risks of PFAS.
TRI data is reported to EPA annually by facilities in industry sectors such as
manufacturing, metal mining, electric power generation, chemical manufacturing
and hazardous waste treatment, as well as federal facilities that manufacture,
process, or otherwise use notable quantities of TRI-listed chemicals. The data
include quantities of chemicals that were released into the environment or
otherwise managed as waste. Information collected through TRI allows
communities to learn how facilities in their area are managing listed
chemicals. The data collected also help support informed decision-making by
companies, government agencies, non-governmental organizations, and the
public. Among the updated online TRI tools, communities can use EPA’s TRI
Toxics Tracker to map the locations of TRI-reporting facilities and find out
about their chemical releases, other chemical waste management practices, and
pollution prevention activities.
The 2020 National Defense Authorization Act (NDAA) initially added 172 PFAS to
the list of chemicals covered by TRI for the 2021 reporting year and provided
a framework to automatically add other PFAS in future years. The NDAA also
required facilities to report on those chemicals if they manufacture, process
or otherwise use more than 100 pounds of the substance, which is lower than
the reporting threshold for most other TRI-listed chemicals. However, the
previous Administration codified the NDAA provisions in a manner that did not
address the availability of the de-minimis exemption or other burden reduction
provisions to the reporting requirement that allowed facilities that report to
TRI to disregard and avoid reporting on minimal concentrations of PFAS
chemicals. 
By designating PFAS as “chemicals of special concern” for TRI-reporting
purposes, this rule eliminates the availability of that exemption for
TRI-listed PFAS and requires facilities to report on PFAS regardless of their
concentration in mixtures, since many PFAS are used in low concentrations in
mixtures, and the continued availability of the exemption for PFAS would
permit facilities to discount those uses when determining their TRI reporting
responsibilities. The rule also makes the previous exemption unavailable for
purposes of supplier notification requirements to downstream facilities for
all chemicals on the list of chemicals of special concern, which also includes
additional chemicals that, like PFAS, remain in the environment for long
periods of time and build up in the body like lead, mercury, and dioxins. This
change helps ensure that purchasers of mixtures and trade name products
containing these chemicals are informed of their presence in mixtures and
products they purchase.
The public can view supporting materials in the docket once the rule publishes
in the Federal Register.
Learn more about the final rule. 
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