By Joseph Zaleski and Samuel Boxerman; Sidley Energy Blog
As part of its continued focus on per- and polyfluoroalkyl substances (PFAS) regulations, the U.S. Environmental Protection Agency (EPA) has added four PFAS substances to the Toxics Release Inventory (TRI) list, including PFBS (perfluorobutane sulfonic acid) and potassium perfluorobutane sulfonate as well as two compounds listed at by their chemical identifier numbers — CASRN 65104-45-2 and CASRN 203743-03-7.
EPA’s decision to add these PFAS to the TRI requires facilities that manufacture, process, or otherwise use these PFAS chemicals to include them in annual reports made to EPA pursuant to the Emergency Planning and Community Right-to-Know Act starting this reporting year.
The 2020 National Defense Authorization Act (NDAA) immediately added 172 PFAS chemicals to the TRI and required annual facility reporting. The NDAA also provided a framework for EPA to automatically add other PFAS to the TRI annually where certain triggers are met, including finalization of a toxicity value under the Integrated Risk Information System, addition to the “active” Toxic Substances Control Act (TSCA) inventory of chemicals in commerce, or those subject to a TSCA significant new use rule (SNUR). EPA maintains its list of PFAS added to the TRI pursuant to the 2020 NDAA here.
EPA finalized toxicity values for both PFBS and potassium perfluorobutane sulfonate in spring 2021. EPA has designated CASRN 65104-45-2 as “active” on the TSCA inventory. EPA previously identified CASRN 203743-03-7 for TRI listing, but its addition had been delayed over a confidential business information claim that has now been resolved. Listing these PFAS on the TRI also furthers EPA’s objectives outlined in the 2021-24 PFAS Strategic Roadmap, in which the agency committed to “continue to update the list of PFAS subject to TRI and expects to announce an additional rulemaking to add more PFAS to TRI in 2022, as required by the 2020 NDAA.”