On October 2023, the U.S. Environmental Protection Agency (EPA) published a final rule in the Federal Register modifying reporting requirements for per- and polyfluoroalkyl substances (PFAS) under the Toxics Release Inventory (TRI) of the Emergency Planning and Community Right-to-Know Act (EPCRA). The EPA proposed to classify PFAS compounds on the TRI as “chemicals of special concern,” with the consequent modification of requirements for these substances.
PFAS are man-made chemicals that have been produced and used nationwide and globally. These substances are present in a broad range of consumer products, including water-repellent clothing, non-stick pots and pans, fire-fighting foams, and more. Due to their widespread use and persistence in the environment, PFAS substances have raised significant environmental and human health concerns, leading to stricter regulatory measures.
The changes introduced by the EPA will have significant implications on how major industries, manufacturers, and users of PFAS report their release, manufacture, or use of such substances. With their classification as ‘chemicals of special concern,’ the EPA has set more stringent reporting thresholds, which will inevitably influence the disclosure and compliance strategies of impacted businesses.
Furthermore, the update broadens the scope of the law to cover more PFAS, potentially obliging many facilities that previously had no reporting obligations to meet new requirements. This mandate is part of a broader EPA effort to address PFAS issues and demonstrates a strong federal commitment to mitigating the adverse effects of these substances.
Legal professionals, particularly those in environmental law and corporate compliance, will need to understand these changes and assist their clients in navigating the new landscape. Early preparation will be the key to avoiding potential compliance issues and maintaining strong environmental stewardship.
For a more detailed discussion on the EPA’s update on PFAS TRI reporting requirements, see the article published by Pillsbury – PFAS Observer.
As we observe the evolving landscape of environmental regulation, maintaining awareness and preparedness to respond to such changes will remain critical for legal professionals. Moreover, further EPA action on PFAS or other chemicals of significant concern should be expected, adding another layer of complexity to our industry’s ongoing conversation on environmental responsibility and regulation.