In response to President Donald Trump’s memo titled “Regulatory Freeze Pending Review,” the EPA delayed until March 21, 2025, the effective date of a January 2025 regulation adding nine per- and polyfluoroalkyl substances (PFAS) to the Toxics Release Inventory (TRI), which makes these chemicals subject to reporting requirements under the Pollution Prevention Act (PPA) and the Emergency Planning and Community Right-to-Know Act (EPCRA).
“The memorandum directed the heads of executive departments and agencies to consider postponing for 60 days from the date of the memorandum the effective date for any rules published in the Federal Register that had not yet taken effect for the purpose of reviewing any questions of fact, law, and policy that the rules may raise,” according to law firm Bergeson & Campbell PC.
The nine PFAS are:
- Ammonium perfluorodecanoate (PFDA NH4) (3108-42-7)
- Sodium perfluorodecanoate (PFDA-Na) (3830-45-3)
- Perfluoro-3-methoxypropanoic acid (377-73-1)
- 6:2 Fluorotelomer sulfonate acid (27619-97-2)
- 6:2 Fluorotelomer sulfonate anion (425670-75-3)
- 6:2 Fluorotelomer sulfonate potassium salt (59587-38-1)
- 6:2 Fluorotelomer sulfonate ammonium salt (59587-39-2)
- 6:2 Fluorotelomer sulfonate sodium salt (27619-94-9)
- Acetic acid, ((γ-ω-perfluoro-C8-10-alkyl)thio) derivs., Bu esters (3030471-22-5)
These nine PFAS were added to the TRI list pursuant to the Fiscal Year 2020 National Defense Authorization Act, which provides the framework for the automatic addition of PFAS to TRI each year in response to specified EPA activities involving such PFAS.
The nine PFAS were automatically added for reporting year 2025 because the EPA finalized a toxicity value during 2024 whose identity isn’t claimed as confidential business information (CBI).
“Under NDAA section 7321(e), EPA must review CBI claims before adding a PFAS to the TRI list if the chemical identity is subject to a claim of protection from disclosure under 5 U.S.C. 552(a),” explains an Agency news release. “EPA previously identified Acetic acid, [(γ-ω-perfluoro-C8-10-alkyl)thio] derivs., Bu esters for addition to the TRI list based on the NDAA’s provision to include specific PFAS upon the NDAA’s enactment. However, due to CBI claims related to its identity, this PFAS was not added to the TRI list at that time. The identity of this chemical was subsequently declassified in an update to the Toxic Substances Control Act Inventory in May 2024. Because its identity is no longer confidential, it was added to the TRI list.”
With the addition of these PFAS to TRI, the number of chemicals now subject to TRI reporting is 205, according to the EPA. “TRI data is reported to EPA annually by facilities in designated industry sectors and federal facilities that manufacture, process, or otherwise use TRI-listed chemicals above set quantities,” the EPA release continues. “The data include quantities of such chemicals that were released into the environment or otherwise managed as waste. Information collected through TRI allows communities to learn how facilities in their area are managing listed chemicals. The data collected is available online and helps to support informed decision-making by companies, government agencies, non-governmental organizations and the public.”