The US Environmental Protection Agency (EPA) announced on January 3 the addition of nine per- and polyfluoroalkyl substances (PFAS) to the Toxics Release Inventory (TRI). This means these PFAS will fall under certain reporting requirements starting in the 2025 reporting year.
About PFAS and TRI
PFAS are linked to potential toxicity and bioaccumulation in humans and ecological receptors. They are found in everyday items like food packaging, nonstick pans, and waterproof fabric, as well as industrial products such as aqueous film-forming foams used to extinguish fuel fires. Chemicals classified as PFAS include an estimated 3,000 to 10,000 individual compounds with broad variability in toxicity and chemical properties.
TRI provides information about chemical releases and pollution prevention activities reported by industrial and federal facilities. US facilities in various manufacturing sectors must annually report the chemical quantities used at their facility above certain thresholds (100 pounds per year for PFAS) followed by information on the quantities released to the environment and/or managed through recycling, energy recovery, and treatment.
Nine New PFAS on the TRI
A section of the 2020 National Defense Authorization Act (NDAA) first added PFAS to TRI and established a systematic framework for adding more of these substances to the list on an annual basis. For the 2024 Reporting Year, NDAA automatically added seven PFAS to TRI. Facilities in TRI-covered industry sectors must now also track and collect data on the nine PFAS that EPA most recently added to TRI for the 2025 reporting year.
The latest TRI PFAS are:
- Ammonium perfluorodecanoate (3108-42-7)
- Sodium perfluorodecanoate (3830-45-3)
- Perfluoro-3-methoxypropanoic acid (377-73-1)
- 6:2 Fluorotelomer sulfonate acid (27619-97-2)
- 6:2 Fluorotelomer sulfonate anion (425670-75-3)
- 6:2 Fluorotelomer sulfonate potassium salt (59587-38-1)
- 6:2 Fluorotelomer sulfonate ammonium salt (59587-39-2)
- 6:2 Fluorotelomer sulfonate sodium salt (27619-94-9)
- Acetic acid, [(γ-ω-perfluoro-C8-10-alkyl)thio] derivs., Bu esters (3030471-22-5)
All but the last one, which was added by confidential listing declassification under the Toxic Substances Control Act (TSCA), became TRI reporting candidates because of the availability of EPA-derived toxicity values. With these additions, there will be 205 PFAS on the 2025 reporting year TRI inventory.
EPA’s latest TRI action comes on the heels of a TRI rule proposed in October 2024 that promotes the concept of PFAS categories. The public comment period for the proposed rule ended on December 9, 2024, and the rule is pending finalization. If promulgated as written, PFAS categories would extend TRI reporting by a further 64 compounds.
Key Takeaways
The final rule adding the nine PFAS becomes effective February 5, 2025, without further notice or public comment. The 2025 reporting year TRI forms will be due to EPA by July 1, 2026. The rule applies to a wide range of manufacturing, petroleum storage, production, processing, permitted waste, recycling, and federal facilities.
The new TRI PFAS are designated as Chemicals of Special Concern excluded from the de minimis mixture exemption (0.1% to 1% depending on the specific PFAS) necessitating due diligence on any reportable PFAS in product formulas, mixtures, and materials, even at trace levels. Given the complexities in PFAS uses and value chains, early planning in data collection and PFAS inventory assessments is key to successful PFAS reporting and supplier notification.
We can assist in reviewing chemical inventories to help assess whether PFAS TRI reporting applies to you. Connect with one of our subject matter experts today to discuss your TRI reporting needs.