Key Takeaways

Companies that have used PFAS compounds should stay apprised of developments in federal reporting requirements, as the list of compounds that may be covered has been expanding and the rules require companies to report a considerable amount of data. 

This fall, EPA made two notable announcements about per- and polyfluoroalkyl substances (“PFAS”) reporting, which highlight the expansion of EPA’s regulations and increasing complexity. First, in October 2024, EPA proposed adding over 100 PFAS compounds to the Toxic Release Inventory (“TRI”) list of chemicals subject to federal reporting requirements.

Under the TRI, a facility must report to EPA if it manufactures, processes, or uses more than 100 pounds of any PFAS compound on the TRI list. In line with its approach to other PFAS already on the list, EPA noted “a concern for small quantities of PFAS,” and therefore the de minimis exemption would be inapplicable. Thus, while TRI typically permits disregarding very small concentrations of compounds in mixtures, that would not apply here. Additionally, EPA is amending the framework in which other PFAS compounds would be added to the TRI list in the future. Comments on the proposed TRI rule must be received by December 9, 2024.

Second, EPA will delay implementing a Toxic Substances Control Act (“TSCA”) reporting rule that will provide EPA “with the largest-ever dataset of PFAS manufactured and used in the United States.” The EPA cited competing priorities and delays in developing the software that will collect data on over 1,300 PFAS. The EPA pushed back the start of the reporting period from November 12, 2024 to July 11, 2025. While the justifications for this eight-month delay underscore the considerable resources needed to enforce this broad TSCA rule, the reporting requirements are not otherwise affected. Any manufacturer or importer of over 1,300 PFAS since 2011 must collect and report a variety of data. These data include information about the total amount of each substance, categories of use, descriptions of byproducts, methods of disposal, and all existing information concerning potential environmental and health effects.

EPA’s regulation of PFAS is frequently evolving and now broadens the PFAS compounds from those that were in focus several years ago. Earlier this year, Re:Torts highlighted the regulatory and litigation challenges posed by the designation of certain PFAS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) and the potential for federal oversight regarding PFAS in biosolids. As new regulations and reporting requirements expand at both the federal and state level, manufacturers and users of PFAS need to stay informed to ensure ongoing compliance.

Learn more about PFAS developments on Dechert’s PFAS website.