PFAS Subject to TRI Reporting in 2021
Effective January 1, 2020, the US Environmental Protection Agency (EPA) added Per-and Polyfluoroalkyl Substances, collectively known as PFAS, to the list of toxic chemicals subject to reporting under the Toxic Release Inventory (TRI). Until the National Defense Authorization Act (NDAA) was enacted on December 20, 2019, no PFAS chemicals were covered by the TRI program.
It is important to note that nothing is changing for TRI reporting in 2020 and as with all legislative and policy developments that affect our clients, we will continue to monitor changes closely.
Understanding the Reporting Implications
It is key that you understand the reporting implications if you manufacture, process or use PFAS in any way. If your facility is in a TRI-covered industry sector and you determine that PFAS-containing materials are present at your site, you should begin to track and collect data on how you manufacture, process or use PFAS throughout 2020.
Click on the button for a list of PFAS sources
Key Information:
- July 1, 2021 will be the first deadline for reporting PFAS on the TRI Form R.
- The NDAA establishes TRI manufacturing, processing, and otherwise use reporting thresholds of 100 pounds for each of the listed PFAS.
- The NDAA added 172 PFAS substances to the TRI toxic chemical list. Both perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid ("PFOS") are listed, two of the most regulated PFAS substances to date.
- In addition to the PFAS added by the NDAA, EPA issued an Advanced Notice of a Proposed Rulemaking ("Advanced Notice") to initiate potentially more PFAS substances to be reported on the TRI. For any PFAS that meet the criteria, EPA is considering whether to add these compounds to the list of chemicals of special concern and establishing lower reporting thresholds. The Advanced Notice discusses, among other things, the listing actions being considered, and the entities potentially affected (e.g., those that manufacture, process or otherwise use PFAS in amounts above certain thresholds).
Questions? If you have questions and would like to speak to a member of our team to discuss how these changes may impact you, click on the contact us button.
PFAS Trends and Outlook: What's Now and What's Next
Golder’s Stefano Marconetto, PFAS Global Practice Leader and Archana Kukreti, Senior Consultant, were recently interviewed by the Environmental Business Journal for their 2019 Remediation & PFAS special edition. In their interview, Stefano and Archana discuss some of the trends they see in remediation in the U.S. market and their global perspective on the PFAS regulatory landscape, remediation challenges, and future treatment opportunities.