US EPA requires Toxics Release Inventory reporting for seven additional PFAS

February 02, 2024

On January 9, 2024, the US Environmental Protection Agency (EPA) announced the automatic addition of seven further per- and polyfluoroalkyl substances (PFAS) to the list of chemicals covered by the Toxics Release Inventory (TRI). TRI data must be reported to EPA annually by facilities in designated industry sectors and federal facilities that manufacture, process, or otherwise use TRI-listed chemicals above set quantities.

For TRI Reporting Year 2024, reporting is required for these seven additional PFAS, bringing the total PFAS subject to TRI reporting to 196.

Six PFAS were automatically added for Reporting Year 2024 as EPA finalized a toxicity value during 2023. Only these particular salt forms of the acids are added to the list:

  • Ammonium perfluorohexanoate; Chemical Abstract Service Registration Number (CASRN) 21615-47-4
  • Lithium bis[(trifluoromethyl)sulfonyl] azanide; CASRN 90076-65-6
  • Perfluorohexanoic acid (PFHxA); CASRN 307-24-4
  • Perfluoropropanoic acid (PFPrA); CASRN 422-64-0
  • Sodium perfluorohexanoate; CASRN 2923-26-4
  • 1,1,1-Trifluoro-N-[(trifluoromethyl)sulfonyl] methanesulfonamide; CASRN 82113-65-3

One PFAS was added to the TRI list in in February 2023:

  • Betaines, dimethyl(; CASRN 2816091-53-7

Per EPA’s communication, as of January 1, 2024, facilities that are subject to reporting requirements must start tracking their activities involving these newly listed PFAS (as required by Section 313 of the Emergency Planning and Community Right-to-Know Act). Reporting forms are due by July 1, 2025.

All 196 TRI-listed PFAS are also subject to EPA’s action in October 2023 classifying PFAS subject to TRI reporting as chemicals of special concern. Among other impacts, this removes the exemption that allowed facilities to avoid reporting information on PFAS used only in small concentrations.

EPA issues final SNUR to prevent inactive PFAS from re-entering commerce

The US Environmental Protection Agency (EPA) finalized on January 11, 2024 a Significant New Use Rule (SNUR) for 329 inactive PFAS. Companies will now be required to notify EPA at least 90 days before commencing any manufacture (including importing) or processing of the PFAS substance. Upon receiving a Significant New Use Notification (SNUN), EPA will review and assess whether the new use may present unreasonable risk to health or environment.

The final rule becomes effective on March 11, 2024.

What chemicals are subject to this SNUR?

This SNUR applies to chemical substances designated as inactive on the TSCA Inventory that are also PFAS. Inactive PFAS subject to a separate SNUR, including but not limited to the SNURs cited at 40 CFR 721.9582 and 721.10536, are not subject to notice requirements under this action to avoid potential redundancies or conflicts between the SNURs.

EPA is finalizing a structural definition of PFAS for this SNUR and for the purposes of this SNUR, the definition of “PFAS” includes chemicals that contain at least one of these three structures:

  • R-(CF2)-CF(R′)R″, where both the CF2 and CF moieties are saturated carbons
  • R-CF2OCF2-R′, where R and R′ can either be F, O, or saturated carbons
  • CF3C(CF3)R′R″, where R′ and R″ can either be F or saturated carbons

329 PFAS are currently designated as inactive on the TSCA Inventory and not subject to an existing SNUR. The chemical names of 30 of these PFAS are claimed as Confidential Business Information (CBI) and do not contain “fluor” or “fluorine”, though the SNUR applies, nonetheless. EPA will publicly list the names of the 299 inactive ‘non-confidential’ PFAS.

SNUN determination

EPA has determined that manufacturing (including importing) or processing of inactive PFAS for any use constitutes a significant new use, with the following exceptions:

1.  Importing or processing of inactive PFAS-containing articles; and/or

2.  Manufacture (including import) or processing of inactive PFAS:

  • As impurities
  • As byproducts not used for commercial purposes
  • In small quantities solely for research and development
  • For test marketing purposes
  • For use as a non-isolated intermediate
  • Solely for export from the United States


Need help understanding the new rules?

Not sure if you use PFAS, or when exemptions apply?

If you have any questions about the new TRI reporting or the new SNUR, please contact Steve Buchanan or Manuela Petrisor or [email protected].


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