08 June 2021

EPA Adds Three Per- and Polyfluoroalkyl Substances (PFAS) to the Toxics Release Inventory

On June 3, the U.S. Environmental Protection Agency (EPA) published in the Federal Register a rule adding three more per- and polyfluoroalkyl substances (PFAS) to the list of chemicals requiring toxic chemicals release reporting under the Emergency Planning and Community Right-to-Know Act and the Pollution Prevention Act, that is, Toxics Release Inventory (TRI).  The PFAS added are perfluorooctyl iodide, potassium perfluorooctanoate and silver(I) perfluorooctanoate, which must be included in TRI reports due July 1, 2022.

According to EPA, this action was taken on a statutory mandate in the National Defense Authorization Act for Fiscal Year 2020, and thus, the agency is not providing notice and comment.  This rule is effective July 6, 2021.  EPA provides updates to the process of adding certain PFAS to the TRI under the NDAA here.

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