The U.S. Environmental Protection Agency (EPA) has announced two significant regulatory actions that will likely bear implications for many businesses worldwide. Perhaps one of the most critical issues under deliberation is a notable change to the Toxic Substances Control Act (TSCA) concerning the Toxic Release Inventory (TRI) reports.
Per- and Polyfluoroalkyl Substances, also known as PFAS, have come under increased scrutiny by the EPA. Initially, certain de minimis exemptions existed for these substances under TRI reporting. This essentially meant that companies did not have to report on trace amounts of these substances. However, the EPA has now eliminated this exemption, a dramatic shift that requires corporations to be more transparent and comprehensive in their reporting of these substances.
This change will presumably lead to increased information on PFAS in the 2025 Toxic Release Inventory reports. Its intention to improve transparency aligns with the EPA’s increased oversight and moves towards stricter regulations pertaining to PFAS.
Adjacent to this is a proposed revaluation of chemical risk assessments under TSCA. Few specifics are currently known about the extent of changes to chemical risk assessments, however, the implications could be considerable. Legal professionals working in the environmental realm or advising corporations on environmental matters will need to pay close attention to developments in this area.
This regulatory shift underscores the EPA’s renewed determination to step up its regulatory oversight, specifically within areas related to potential human health and environmental risks. Professionals dealing with environmental regulations and policy will need to closely follow these changes and their potential ripple effects across various industries.