The EPA issued a pre-publication final rule on May 18 adding 172 per- and polyfluoroalkyl substances (PFAS) to the list of toxic chemicals subject to Toxic Release Inventory (TRI) reporting under Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) and Section 6607 of the Pollution Prevention Act (PPA). The manufacture, processing and otherwise use reporting threshold for each PFAS is 100 pounds. The finalized rule is effective once it is published to the Federal Register to conform to the Congressional legislative mandate of the National Defense Authorization Act (NDAA). Per NDAA requirements, the addition of these chemicals became effective Jan. 1, 2020, meaning that data should be collected throughout 2020, as the first report including these chemicals is due July 1, 2021. This rule also includes Supplier Notification updates, whereby the Regulatory Information Section of Safety Data Sheets should be updated to identify chemicals subject to TRI reporting.

For reporting purposes, facilities should still utilize the best readily available information collected pursuant to other provisions of law. TRI reporting does not require additional monitoring or measurement beyond what other laws and regulations require or are part of routine facility operations.

“This PFAS addition to TRI reporting is at the top of a lot of folks’ minds, and BC is prepared to guide you through this new mandate.”

Meghan Krishnayya

About the experts

Meghan Krishnayya, Indianapolis, is the Compliance & Permitting Service Line Director for Brown and Caldwell, with expertise in environmental regulatory program strategy development and implementation.

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