In a recent development, the Environmental Protection Agency (EPA) has finalized its rule to abolish the ‘de minimis’ exemption concerning the reporting of per- and polyfluoroalkyl substances (PFAS) to the Toxics Release Inventory (TRI) as per a pre-publication version. The change was highlighted in a communique by Pierce Atwood LLP, published on JD Supra.
The de minimis exemption previously allowed facilities that manufacture, process, or utilize chemicals listed in the TRI to exclude minimal amounts of waste from their reporting. The exemption’s removal implies that all environmental releases of these substances, regardless of quantity, must now be reported to the TRI.
This development followed the path set out in a December 2022 alert noted by legal professionals. It aimed towards enhancing transparency and accountability in the way PFAS, a group of man-made chemicals infamous for their potential adverse effects on human health and the environment, are handled within manufacturing and processing facilities.
PFAS have been widely used since the mid-20th century in various industries due to their ability to resist heat, water, and oil. However, they have raised health concerns due to their persistence in the environment and in human bodies, where they can accumulate over time.
The move by the EPA is part of its broader plan to deal with the growing public concern over the exposure to PFAS. The plan includes enhanced monitoring methods, improved cleanup approaches, and significant research to better understand and address the risks related to PFAS.
Given the implications of this decision by the EPA, manufacturing, processing, and other sites that use PFAS and other chemicals listed in TRI should ideally recalibrate their waste handling and reporting mechanisms to ensure compliance with the new regulations. It is also crucial that environmental officers, senior management, and communities stay updated on these changes to ensure compliance and effective mitigation of potential risks.
This call to action necessitates a broader involvement by various stakeholders within these industries, ranging from the workers handling these chemicals to top-tier management involved in decision-making processes. The goal is to not only meet regulatory standards but also to work proactively towards a more transparent and accountable industrial environment.