On October 8, 2024, EPA announced a proposal to add 16 per- and polyfluoroalkyl substances (PFAS )—along with 15 additional categories of these compounds—to the Toxics Release Inventory (TRI). This action is part of an effort to strengthen monitoring and management of pollution from these chemicals, which have received growing attention due to the potential negative effects they can have on both human health and the environment.
Nature of PFAS Substances and Their Relevance in Regulation
PFAS compounds, known for their chemical durability and resistance to degradation in the environment, have been widely used in a variety of industries, from consumer product manufacturing to advanced industrial processes. However, recent research has revealed that certain PFAS may be linked to adverse effects on human health, such as endocrine and immunological disruptions, and certain types of cancer. Furthermore, their persistence in the environment has raised concerns about their cumulative potential in water bodies and ecosystems.
The EPA proposal seeks to expand regulatory control over these chemicals by establishing a 100-pound reporting threshold for their manufacture, processing, and other uses under the provisions of the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA). This is expected to increase accountability for facilities that handle these compounds by fostering greater transparency about emissions and associated waste.
Compounds Proposed for Inclusion in TRI
The proposal includes the addition of 16 specific PFAS substances, including widely used compounds such as broflanilide (CASRN 1207727-04-5) and perfluorotridecanoic acid (PFTrDA, CASRN 72629-94-8), which have been used in agrochemical, industrial and pharmaceutical applications.
In addition, 15 categories of PFAS substances are proposed, representing more than 100 individual compounds, such as perfluorooctanoic acid (PFOA, CASRN 335-67-1) and perfluorooctanesulfonic acid (PFOS, CASRN 1763-23-1), both widely studied due to their toxic effects and persistence in the environment.
These chemicals are listed by TRI based on their toxicity, either through their direct impact on human health, the environment, or both. Accumulating data suggest that even at relatively low concentrations, PFAS can pose significant long-term risks, justifying the need for stricter regulation.
Implications of Facility Regulation and Liability
Establishing a 100-pound threshold for reporting these chemicals is aligned with EPA’s efforts to ensure that industrial facilities, regardless of size or capacity, adequately report any significant releases or uses of PFAS. This rule proposes that facilities that manufacture, process, or use these chemicals in quantities exceeding this threshold provide detailed reports on their annual emissions, waste management, and pollution prevention strategies, as required by Section 313 of EPCRA and Section 6607 of PPA.
The legislation also provides for the reclassification of certain PFAS that are already part of the TRI. Some of these compounds, which were previously aggregated individually, will be grouped into one of the 15 proposed categories, facilitating a more coherent management of these chemicals due to their structural and functional similarity.
Environmental and Public Health Impact
The EPA proposal is a response to growing public and scientific concern about exposure to PFAS, which has been the subject of multiple investigations due to its persistence and bioaccumulation in the environment. The impact of these compounds on human health includes possible alterations in fetal development, effects on the immune system, and potential carcinogenic risks. From an ecological perspective, PFAS have also been identified as emerging contaminants in bodies of water, affecting various aquatic and terrestrial species.
By enhancing oversight of these compounds and requiring detailed reporting on their use and release, EPA aims to not only mitigate their impact, but also encourage more sustainable and responsible practices within industries that rely on these chemicals.
Public Participation and Next Steps
The EPA has opened a public consultation period until December 9, 2024, during which interested parties will be able to submit comments and suggestions on the proposal. This process of citizen participation is essential to ensure that the regulations reflect the concerns of civil society, as well as the most recent scientific evidence on the management of PFAS. Ultimately, if approved, the new regulations will strengthen the capacity of regulatory agencies to monitor and control emissions of these compounds, contributing to a safer and healthier environment for both the population and natural ecosystems.
Conclusion
EPA’s proposal to include 16 specific PFAS and 15 additional categories in the Toxics Release Inventory represents a significant step forward in regulating chemically persistent and potentially harmful compounds. Through a more rigorous reporting threshold and consistent reclassification of substances, the agency seeks to strengthen the existing regulatory framework, promoting environmental protection and public health. This effort is another step in the growing awareness of the need to manage the risks associated with PFAS and ensure greater transparency in the chemical industry.
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