On December 20, 2019, the National Defense Authorization Act for Fiscal Year 2020 (NDAA) was signed into law. Among other provisions, the NDAA adds certain per- and polyfluoroalkyl substances (PFAS) to the list of chemicals subject to TRI reporting and establishes a framework for including additional PFAS on the TRI list. Note that the addition of these chemicals is immediate. Facilities in TRI-covered industry sectors should begin tracking and collecting data on these chemicals in 2020. Reporting on these chemicals will be due by July 1, 2021, for 2020 data.
EPA will post a list of the PFAS added to TRI soon. You will be notified when the list is available online. Information about the TRI reporting requirements is available at www.epa.gov/toxics-release-inventory-tri-program/reporting-tri-facilities.
In a separate but related effort, EPA published an Advance Notice of Proposed Rulemaking (ANPRM) on December 4, 2019 to gather information for use in a potential rulemaking to add certain PFAS to the TRI chemical list. While the NDAA adds certain PFAS to the TRI chemical list, there are additional PFAS that were not added by the NDAA. Through the ANPRM, EPA continues to solicit comment on PFAS generally as they relate to TRI reporting, including comment on appropriate reporting thresholds, categorization of PFAS, availability of information on human health and environmental toxicity, persistence, and bioaccumulation of these additional PFAS that would help determine if they meet listing criteria.
Visit the following page for more information on this ANPRM: www.epa.gov/toxics-release-inventory-tri-program/advance-notice-proposed-rulemaking-adding-certain-pfas-tri.