United States
U.S. EPA Announces Plan To Tighten PFAS Reporting Requirements
08 March 2022
Jenner & Block
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In connection with its2020
Toxics Release Indicator (TRI) National AnalysisThat
Evidenced a 10% decrease in environmental releases of TRI chemicals
U.S. EPA, 2019-2020AnnouncementIt plans to initiate a
Rulemaking that will, among others, remove theDe
minimisReporting the 172 per-
TRI was modified by the addition of polyfluoroalkyl compounds (PFAS).
2020 National Defense Authorization Act.
The TRI analysis report revealed that 38 facilities had been reported
In 2020, 800,000.00 pounds of PFAS were managed. However, only 9,000 pounds of PFAS was managed in 2020.
PFAS were reported to have been released. What is your response?
U.S. EPA claims a “seemingly limited” scope of PFAS
Reporting” U.S. EPA stated it plans to “use
Use existing data to create lists of possible productions
recipients of PFAS-waste, and has contacted facilities with
Potential reporting errors and those that were expected to
“Report but did not.” Additionally, the U.S. EPA claims that
“The eliminationDe
minimisExclusion will produce a better picture
This is [PFAS]These include releases and other waste management amounts
chemicals.”
Thede minimisExemptionWhich
Covered facilities can ignore certain minimum levels
A list of toxic chemicals found in mixtures or trade-name products has been
A number of environmental groups strongly criticize the practice.
Thede minimisPerfluorooctanoic Acid Level
TRI-listed PFAS, 0.1% and all other TRI PFAS, 1.0%. Litigation
Currently pending at the U.S. District Court of the District of
Columbia challenged the U.S. EPA’s inclusion in theDe
minimisThis rulemaking may affect the PFAS reporting threshold.
U.S. EPA will respond to this litigation.
We will continue providing updates on U.S. EPA’s efforts.
Take out thede minimisExemption from reporting to TRI
PFAS, as well as other PFAS related issues on the
Corporate Environmental Lawyerblog.
This article is intended as a general overview.
guide to the subject matter Expert advice should be sought
Learn more about your particular circumstances.
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