EPA Rule Adds PFAS Chemicals to the TRI Report
EPA has added certain per- and polyfluoroalkyl substances (PFAS) to the list of chemicals which need to be tracked annually on your EPA Toxic Release In...
EPA has added certain per- and polyfluoroalkyl substances (PFAS) to the list of chemicals which need to be tracked annually on your EPA Toxic Release Inventory (TRI) report (below). This rule is effective 1/1/2020, so you’ll need to start tracking and collecting data on their usage immediately.
⚡ TL;DR: EPA added PFAS chemicals (PFOS and PFOA) to TRI reporting in 2020 with a 100-pound threshold—far lower than typical TRI chemicals. If you use PFAS in any industrial process, contaminated firefighting foam, or manufacturing applications, you must report.
PFAS chemicals (aka PFOS and PFOA because these are the most common PFAS chemicals) have been widely used in industrial processes and can be found in many consumer products including firefighting foam, pizza boxes, cookware, paints and polishes, electronics manufacturing, fuel additives and more.
The new rule was signed into law through the National Defense Authorization Act on December 20, 2019. Reporting threshold is only 100 pounds, far less than typical TRI chemicals. The de minimis concentration for PFOA is 0.1% and all other chemicals have a de minimis level of 1%.
⚠️ What’s at stake: PFAS has been linked to elevated cholesterol, lower vaccine response, reduced birth weight, diabetes, and cancer in exposed populations. Missing TRI reporting deadlines triggers EPA penalties and public toxins disclosures.
Because PFAS chemicals come in so many shapes and sizes and in so many industries and consumer products, it’s thought that an alarmingly high percentage of people have been exposed to them. Contaminated drinking water is the most documented source, but food, house dust, and workplace exposure are among the top as well.
In communities with contaminated drinking water, human health effects that have been found include higher cholesterol, increased uric acid, lower birth weight, lower response to vaccines, diabetes, and cancer.
As a result, dealing with PFAS issues has become an EPA focus. There have already been other efforts by EPA recently to develop methods and guidance for drinking water monitoring and laboratory testing, development of a PFAS Management Plan, conducting toxicity reviews, development of recommendations for addressing groundwater already contaminated with PFAS, and other actions.
Confused about whether your facility qualifies as a PFAS reporter? Not sure where your PFAS exposure comes from? Get a TRI compliance audit from iSi Environmental—we’ll identify gaps and keep you reporting-ready.
Click here to go to EPA’s list of PFAS chemicals that you need to start tracking now for your TRI report.
EPA lists the NAICS codes of industries subject to TRI reporting. Is your company affected? Click here to go to EPA’s list of NAICS codes.
TRI, Form R and SARA 313 are all names for the same report. What is it and does it pertain to you? Click here to find out.
💰 The cost of non-compliance: Missed or incorrect TRI reports can result in EPA civil penalties of $32,500+ per violation per day, plus public disclosure of your facility’s chemical inventory and potential enforcement audits.
Frequently Asked Questions
Q: What are PFAS chemicals and why are they now required to be tracked in TRI reports?
PFAS (per- and polyfluoroalkyl substances), commonly known as PFOS and PFOA, are persistent chemicals widely used in industrial processes and consumer products including firefighting foam, pizza boxes, cookware, and electronics manufacturing. EPA added PFAS to the Toxic Release Inventory (TRI) reporting requirements effective January 1, 2020, due to widespread environmental contamination and documented health effects including impacts on cholesterol, vaccines, and increased disease risk.
Q: What is the reporting threshold and de minimis concentration for PFAS in TRI reports?
PFAS chemicals have a reporting threshold of only 100 pounds, which is significantly lower than typical TRI chemicals. The de minimis concentration for PFOA is 0.1%, while all other PFAS chemicals have a de minimis concentration level of 1%, as established by the National Defense Authorization Act signed into law on December 20, 2019.
Q: Which facilities must report PFAS chemicals in their annual TRI reports?
Facilities must report PFAS chemicals if they fall within NAICS codes subject to TRI reporting requirements and handle PFAS chemicals above the 100-pound threshold. iSi Environmental recommends checking EPA’s published list of affected NAICS codes and PFAS chemicals to determine your facility’s TRI reporting obligations.
Q: What health effects have been documented from PFAS exposure in contaminated communities?
According to EPA findings in communities with contaminated drinking water, documented health effects from PFAS exposure include elevated cholesterol levels, increased uric acid, lower birth weight, reduced response to vaccines, diabetes, and cancer, with contaminated drinking water being the most documented exposure source.
Do you need help sorting out this regulation? What about TRI reporting? Contact us for more information or a price quote.
PFAS is not a trend—it’s the future of environmental reporting. The sooner you get PFAS tracking locked in, the sooner you stop worrying about TRI deadlines.
We Plug In. You Level Up.