The U.S. Environmental Protection Agency (EPA) continues to add specific per- and polyfluoroalkyl substances (PFAS) to the Toxics Release Inventory (TRI) program under Section 313 of the Emergency Planning and Community Right-to-Know Act, adding an additional seven chemicals via its final rule published in the Federal Register on May 17.

For year 2024 TRI reports, due July 1, 2025, EPA now lists 196 PFAS chemicals. For the 2023 reporting year, due July 1, 2024, the 189 PFAS previously on the TRI list reports must be reported.

Notably, as described in our prior client alert, EPA has classified PFAS as “chemicals of special concern,” thereby eliminating the de minimis reporting exemption for PFAS chemicals that had allowed facilities to avoid reporting on most TRI-listed PFAS, if PFAS made up 1% or less of a product (the de minimis threshold for PFOA was 0.1%).