Implementing Statutory Addition of Certain Per- and Polyfluoroalkyl Substances (PFAS) to Toxics Release Inventory (TRI) Beginning With Reporting Year 2025
Published Date: 1/6/2025
Rule
Summary
Starting in 2025, certain companies that make or use nine specific PFAS chemicals must report their releases to the EPA’s Toxics Release Inventory. This rule affects many manufacturers and aims to keep communities safer by tracking these harmful substances. The new reporting requirements kick in February 5, 2025, helping the EPA and public know more about pollution without adding extra costs.
Analyzed Economic Effects
4 provisions identified: 1 benefits, 3 costs, 0 mixed.
Nine PFAS Added to TRI; Reporting Starts 2025
Nine specific PFAS chemicals are added to the Toxics Release Inventory (TRI) and are reportable beginning with the 2025 reporting year (effective 1/1/2025). If your facility manufactures, processes, or otherwise uses any of these PFAS and meets the existing thresholds, you must report releases for the 2025 reporting year (reports for that year are due by July 1, 2026).
Designated 'Chemicals of Special Concern' — No Form A
All PFAS added to TRI by the FY2020 NDAA, including these nine PFAS, are designated as chemicals of special concern (40 CFR 372.28). That means these PFAS are excluded from the de minimis exemption and may not be reported on Form A (the Alternate Threshold Certification Statement), and instead are subject to Form R reporting and associated limits.
Which Facilities May Be Affected
EPA identifies potentially affected facilities by NAICS codes including many manufacturing codes (for example: 311*, 312*, 313*, 314*, 315*, 316, 321, 322, 323*, 324, 325*, 326*, 327*, 331, 332, 333, 334*, 335*, 336, 337*, 339*), certain mining, utilities, waste, and other sectors, and federal facilities. The rule notes exceptions and limitations exist for these NAICS codes and directs facilities to examine the applicability criteria in 40 CFR part 372, subpart B.
Use Existing TRI Forms; No New PRA Burden
EPA states this action does not impose any new information collection burden under the Paperwork Reduction Act. Facilities subject to reporting must use the existing EPA Toxic Chemical Release Inventory Form R (EPA Form 9350-1), and OMB has previously approved the related collections under OMB control numbers 2070-0212 and 2050-0078.
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