Read the full article by Marissa G. Nortz (The National Law Review)

“In accordance with § 7321 of the National Defense Authorization Act (‘NDAA’) for Fiscal Year 2020 (P.L. 116-92), the United States Environmental Protection Agency (‘EPA’) has added 160 per-and polyfluoroalkyl substances (“PFAS”) to the Emergency Planning and Community Right-to-Know Act’s (‘EPCRA’) § 313 list of reportable chemicals. Industry reporters must begin tracking and collecting data on the listed PFAS beginning January 1, 2020, with the first Toxics Release Inventory (‘TRI’) report due by July 1, 2021.

The NDAA requires the EPA to list those PFAS that meet two criteria: (1) PFAS subject to a significant new use rule at either 40 C.F.R. § 721.9582 or 721.10536 on or before December 20, 2019; and (2) PFAS identified as active in commerce on the Toxic Substances Control Act (‘TSCA’) Inventory published in February 2019. In addition to listing those substances that meet the two criteria, the NDAA also mandates the listing of fourteen specific PFAS. Of the 160 listed PFAS, perfluorooctanoic acid (‘PFOA’) and perfluorooctanesulfonic acid (‘PFOS’) – the two most widely known PFAS – are listed, along with hexafluoropropylene oxide dimer acid, known generally as GenX, which was originally manufactured as a replacement for PFOA and PFOS.

Industry reporters that manufacture, process, or otherwise use any of the listed PFAS in excess of 100 pounds – the NDAA-established reporting threshold – are subject to this annual reporting requirement. This threshold for reporting is far lower than typical TRI reporting….”