Regulatory Update – 172 PFAS Chemicals Added to EPCRA TRI Reporting List

Hunter Hill, PE

Background

PFAS are used in a wide variety of industries and various commercial products such as leather, textiles, aqueous film forming foams (AFFF), semi-conductors, metal finishing, food packaging, polishes, waxes, paints, cleaning products, cookware, and stain repellants. Per- and Polyfluoroalkyl substances (PFAS) are a considerably large group of synthetic compounds and are formed from carbon (C) chains with fluorine (F) atoms attached. The characteristically strong and short C-F bond found in PFAS give these compounds many unique and useful characteristics. The strong C-F bonds present in PFAS also make these compounds resistant to typical environmental degradation processes. PFAS are persistent in the environment and if ingested (by eating or drinking food or water that contain PFAS), the PFAS can accumulate and stay in the human body for long periods of time. There is evidence that exposure to PFAS can lead to adverse health outcomes in humans. Furthermore, EPA has begun taking actions to identify solutions to address PFAS in the environment.

Regulatory Notice

In June 2020, the EPA updated the list of chemicals covered by the Toxic Release Inventory (TRI) under Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) adding 172 Per- and polyfluoroalkyl substances (PFAS). The 172 added PFAS have a manufacturing, processing, and other use reporting threshold of 100 lbs for each listed PFAS. These changes are effective as of January 1, 2020, with reports for all activity in the 2020 calendar year due by July 1, 2021. The Federal Register Citation detailing the update can be found in here.

Recommended Review Process

With the low reporting threshold of only 100 lbs, it is important to review not only the raw materials, products, and processes that are traditionally tracked for annual TRI reporting requirements, but all of the raw materials and products that potentially contain PFAS. It is recommended to implement a review process of material SDS files following steps similar to those provided below that will identify any PFAS present at the facility and determine if further analysis is needed for TRI reporting:

• Review all SDS files with respect to composition/information of ingredients
• Review all SDS regulatory information
• Compare the composition and regulated chemicals to the updated list of PFAS
• Contact manufacturers of the material when no CAS number is provided on material SDS, and further clarification is needed.
• If any PFAS are present – review threshold of each product’s usage
• Document the review process as a way of demonstrating compliance with this new requirement.

For any PFAS related questions or assistance with developing a review process, contact Hunter Hill, PE Hunter@stevensenvironmental.com.