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May 22, 2024

EPA Issues Final Rule Requiring TRI Reporting for Seven Additional PFAS

Lynn L. Bergeson Carla N. Hutton

The U.S. Environmental Protection Agency (EPA) published a final rule on May 17, 2024, to update the list of chemicals subject to Toxics Release Inventory (TRI) reporting to include seven additional per- and polyfluoroalkyl substances (PFAS) for Reporting Year 2024(reporting forms due by July 1, 2025). 89 Fed. Reg. 43331. The Fiscal Year (FY) 2020 National Defense Authorization Act (NDAA) includes a provision that automatically adds PFAS to the TRI list upon EPA’s adoption of a final toxicity value. As reported in our January 18, 2024, blog item, EPA announced on January 9, 2024, that six PFAS were automatically added for Reporting Year 2024 due to EPA having adopted a final toxicity value during 2023:

  • Ammonium perfluorohexanoate; Chemical Abstracts Service Registry Number® (CAS RN®) 21615-47-4;
  • Lithium bis[(trifluoromethyl)sulfonyl] azanide; CAS RN 90076-65-6;
  • Perfluorohexanoic acid (PFHxA); CAS RN 307-24-4;
  • Perfluoropropanoic acid (PFPrA); CAS RN 422-64-0;
  • Sodium perfluorohexanoate; CAS RN 2923-26-4; and
  • 1,1,1-Trifluoro-N-[(trifluoromethyl)sulfonyl] methanesulfonamide; CAS RN 82113-65-3.

Under FY 2020 NDAA Section 7321(e), EPA must review confidential business information (CBI) claims before adding a PFAS to the TRI list if the chemical identity is subject to a claim of protection from disclosure. EPA states that it previously identified one PFAS 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, EPA did not add the PFAS to the TRI list at that time, however. The identity of the chemical was subsequently declassified in an update to the Toxic Substances Control Act (TSCA) Inventory in February 2023. Because its identity is no longer confidential, EPA added the following chemical to the TRI list:

  • Betaines, dimethyl(; CAS RN 2816091-53-7.

The final rule will be effective June 17, 2024.