As environmental regulations tighten, the U.S. Environmental Protection Agency (EPA) continues to address the growing concerns surrounding per- and polyfluoroalkyl substances (PFAS), commonly known as “forever chemicals” due to their persistence in the environment. On October 2, 2024, the EPA proposed a significant expansion to its Toxic Release Inventory (TRI) program, which could greatly impact companies that manufacture, process, or use PFAS. This proposal seeks to add 16 individual PFAS and 15 PFAS categories, covering over 100 chemicals, to the TRI list.
For businesses that deal with these substances, this development raises compliance requirements and emphasizes the need for proactive measures to mitigate potential environmental and health risks.
To prepare for the proposed changes, it’s essential to understand these five critical takeaways:
1. Expanded Reporting Requirements for Over 100 PFAS
The EPA’s proposed rule would require companies to report on the release and management of more than 100 additional PFAS through the annual TRI program. This includes the tracking of waste management practices, with an emphasis on pollution prevention. If your facility handles PFAS, you’ll need to assess how these new reporting obligations might affect your compliance procedures.
2. Increased Scrutiny on PFAS Toxicity and Health Risks
The expansion is based on growing evidence linking PFAS to serious health risks, including cancer, liver and kidney damage, and reproductive harm. As the EPA heightens its focus on these “forever chemicals,” companies will face closer scrutiny regarding their handling, release, and mitigation of PFAS. Proactive measures to minimize environmental impact and ensure compliance will be essential in reducing potential liabilities.
3. 100-Pound Reporting Threshold for PFAS Use
The proposed rule sets a 100-pound reporting threshold for the manufacturing, processing, or use of the newly added PFAS. This low threshold underscores the EPA’s commitment to comprehensive data collection, which will require detailed tracking and documentation for even relatively small quantities of these chemicals. Companies need to evaluate their current systems to ensure they can capture and report on this data accurately.
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4. Reclassification of Certain PFAS for Streamlined Compliance
The EPA is proposing to reclassify certain PFAS previously listed individually in the TRI, grouping them into the 15 new PFAS categories. This change aims to simplify reporting while providing more cohesive data on PFAS usage across industries. Companies handling PFAS should review this reclassification to ensure they understand their new obligations and can adjust their reporting processes accordingly.
5. Preparing for Potential Operational and Cost Impacts
For companies handling PFAS, the expanded reporting requirements could lead to increased operational and compliance costs, particularly for those that have not previously been subject to TRI reporting. Implementing robust tracking and reporting systems now will help mitigate the potential burden of compliance once the rule is finalized.
Next Steps for Companies Managing PFAS
As the EPA moves forward with its proposed rule, companies that manufacture, process, or use PFAS should closely monitor developments and begin evaluating their current practices. Ensuring compliance with the 100-pound reporting threshold, reviewing the proposed reclassification, and understanding the potential health risks associated with these chemicals will be critical in preparing for the rule’s implementation.
This expanded regulation presents both challenges and opportunities—while the compliance burden may increase, it also offers an opportunity for companies to demonstrate leadership in environmental stewardship and corporate responsibility.
How We Can Help
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For the latest updates on environmental regulations and compliance requirements, contact our environmental law team.
