Addition of PFAS with final toxicity values
On January 3, the U.S. Environmental Protection Agency announced the automatic addition of nine per- and polyfluoroalkyl substances to the list of chemicals covered by the Toxics Release Inventory. The nine PFAS were automatically added for reporting due to EPA having finalized a toxicity value during 2024, and whose identity is not claimed as confidential business information. These nine PFAS are:
Addition of PFAS no longer claimed as confidential business information
Under NDAA section 7321(e), EPA must review CBI claims before adding a PFAS to the TRI list if the chemical identity is subject to a claim of protection from disclosure under 5 U.S.C. 552(a). EPA previously identified Acetic acid, [(γ-ω-perfluoro-C8-10-alkyl)thio] derivs., Bu esters for addition to the TRI list based on the NDAA’s provision to include specific PFAS upon the NDAA’s enactment. Due to CBI claims related to its identity, this PFAS was not added to the TRI list at that time. The identity of this chemical was subsequently declassified in an update to the Toxic Substances Control Act Inventory in May 2024. Because its identity is no longer confidential, it was added to the TRI list.
These nine newly added PFAS, along with the previous 196 TRI-listed PFAS, are also subject to EPA’s action in October 2023 to classify all PFAS subject to TRI reporting as chemicals of special concern. Among other impacts, this removes the use of a reporting exemption that allowed facilities to avoid reporting information on PFAS when those chemicals were used in small concentrations.
Additional TRI Reporting Resources:
