The Environmental Protection Agency (EPA) is updating the list of chemicals subject to toxic chemical release reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA).
This action updates the regulations to identify seven per- and polyfluoroalkyl substances (PFAS) that must be reported as described in the National Defense Authorization Act for Fiscal Year 2020. This rule, published in the Federal Register on 17 May 2024, is effective as of 17 June 2024.
With the inclusion of these chemicals, EPA now lists 196 PFAS chemicals subject to the TRI reporting requirements under Section 313 of EPCRA.
The seven chemicals are:
- Perfluorohexanoic acid (“PFHxA”); Chemical Abstracts Service Registry Number (“CASRN”) 307-24-
- Perfluoropropanoic acid (“PFPrA”); CASRN 422-64-0;
- Sodium perfluorohexanoate; CASRN 2923-26-4;
- Ammonium perfluorohexanoate; CASRN 21615-47-4;
- 1,1,1-Trifluoro-N-[(trifluoromethyl)sulfonyl] methanesulfonamide (“TFSI”); CASRN 82113-65-3;
- Lithium bis[(trifluoromethyl)sulfonyl] azanide; CASRN 90076-65-6; and
- Betaines, dimethyl (.gamma.-.omega.-perfluoro-.gamma.-hydro-C8-18-alkyl); CASRN 2816091-53-7.
As the law firm Kelley Drye notes, this follows on the EPA’s classification of PFAS as “chemicals of special concern” on 23 October 2023. This eliminated applicability of the de minimus exemption, which allowed facilities to forego accounting for negligible amounts of PFAS in chemical mixtures at concentrations below 1% (or 0.1% for carcinogens) in the materials they process or otherwise use in their manufacturing process.
Law firm Williams Mullen comments that operators of facilities should carefully consider whether the addition of these new PFAS to the TRI list will likewise add new or more TRI recordkeeping and reporting obligations, and begin preparations for meeting the 2024 reporting year obligations.
This follows on another EPCRA update of 2022, as analyzed by the law firm Bergeson & Campbell PC: “(This updates) the list of chemicals subject to toxic chemical release reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA). The final rule updates the regulations to identify five per- and polyfluoroalkyl substances (PFAS) that must be reported pursuant to the National Defense Authorization Act for Fiscal Year 2020 (NDAA) enacted on December 20, 2019.”
Our analysis: part of a trend to squeeze PFAS emissions
While we don’t have an inside line on the EPA’s plans, it seems likely that the Agency will continue to tighten regulations on PFAS. They’ve already done that with the varieties of PFAS deemed most problematic – including PFOS and PFOA.
As scientists learn more about the health and environmental impacts of these chemicals, there is growing concern about their safety. We’re likely to see this at a federal and state level – and these trends are international.
We’ve noted previously, one reason PFAS is so widely used for everything from surgical tools to fast-food packaging, is that these materials solve problems. Some of those problems are big – like saving lives through surgical stents – and some are convenience-oriented, such as a cheeseburger that doesn’t stick to its wrapper. Therefore, they’re likely to continue being made and used.
One benefit to PFAS molecules, which is also its biggest cause for concern, is durability – PFAS contains a carbon-fluorine bond, one of the strongest in nature. This makes PFAS extraordinarily persistent – it doesn’t break down in nature.
This means that there’s an urgent need for technologies that will destroy PFAS molecules and separate them into harmless atoms and molecules. It’s long been a challenge to find PFAS destruction technologies that are low-cost, work at room temperatures and pressures, and are scalable.
At Onvector, we believe we’ve found the solution. Our plasma vortex technology is fast developing as a solution to the PFAS puzzle.
If you’re interested in learning more, or participating in our journey, please reach out.