⚠️EPA Proposes TRI Regulations Affecting PFAS Compliance for Businesses
Toxics Release Inventory (TRI); Clarification of Toxic Chemicals Due to Automatic Additions of Per- and Polyfluoroalkyl Substances Under the National Defense Authorization Act
Summary
The National Defense Authorization Act for Fiscal Year 2020 (NDAA) adds certain per- and polyfluoroalkyl substances (PFAS) automatically to the Toxics Release Inventory (TRI) beginning January 1 of the year following specific triggering events. The Environmental Protection Agency (EPA or Agency) is proposing to make conforming edits to the TRI regulation to explicitly include PFAS that are added to the TRI chemical list automatically pursuant to the NDAA in the regulation's definition of "toxic chemical." This edit confirms that the TRI supplier notification provision requires covered suppliers to notify customers receiving a mixture or other trade name product containing a TRI-listed chemical with the first shipment of each calendar year, with such a requirement beginning on January 1 of the applicable year; thus, supplier notifications are required as of January 1 for any NDAA-added PFAS.
Agencies
- Environmental Protection Agency
Business Impact
$$ - Med
This regulation introduces new compliance requirements for facilities required to provide TRI supplier notifications, directly impacting business operations. Facilities affected by the inclusion of PFAS in the TRI must update their practices to comply by January 1 of the applicable year, aligning with the National Defense Authorization Act provisions.