Addition of Certain PFAS to the TRI by the National Defense Authorization Act
Section 7321 of the National Defense Authorization Act for Fiscal Year 2020 (NDAA) immediately added certain per- and polyfluoroalkyl substances (PFAS) to the list of chemicals covered by the Toxics Release Inventory (TRI) under Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA). NDAA also provided a framework for the addition of other PFAS to TRI on an annual basis.
On this page:
- Updates on implementation
- Key information for Reporting Year 2024
- Key information for Reporting Year 2025
- Background
Updates on Implementation
- For Reporting Year 2023 (reporting forms due by July 1, 2024), the NDAA automatically added nine additional PFAS to the TRI list. The addition of these nine PFAS was codified in a final rule in June 2023.
- For Reporting Year 2024 (reporting forms due by July 1, 2025), the NDAA automatically added seven additional PFAS to the TRI list. Facilities in TRI-covered industry sectors should begin tracking and collecting data on these chemicals during 2024. The addition of these seven PFAS was codified in a final rule in May 2024.
- EPA has compiled summaries of existing TRI reporting guidance to address frequently asked questions related to PFAS reporting and gathered links to external technical guidance. Find these resources in GuideME.
- In October 2024, EPA proposed a rule to add 16 individual PFAS and 15 PFAS categories representing over 100 individual PFAS to the TRI and to designate them as chemicals of special concern. EPA also proposed to reclassify some PFAS that were previously added to the TRI individually as part of one of the 15 PFAS categories and to clarify how PFAS are automatically added to the TRI under the NDAA.
Key Information for Reporting Year 2024
- For Reporting Year 2024 (reporting forms due by July 1, 2025), 196 PFAS are reportable.
- TRI reporting requirements for PFAS have changed:
- Effective November 30, 2023, (see 88 FR 74360), all PFAS included on the TRI pursuant to section 7321 of the 2020 NDAA are added to the list of Lower Thresholds for Chemicals of Special Concern.
- Starting in Reporting Year 2024, PFAS are designated as “chemicals of special concern.” The de minimis exemption, Form A Certification, and some range reporting are no longer available for TRI reporting of PFAS.
- The de minimis exemption is unavailable for supplier notification purposes (for PFAS and all other chemicals of special concern).
Newly Reportable PFAS for Reporting Year 2024 Based on 2023 Activities
CASRN TRI Chemical Name Effective Reporting Year Triggering Activity 307-24-4 Perfluorohexanoic acid (PFHxA) 2024 Final Toxicity Value 422-64-0 Perfluoropropanoic acid (PFPrA) 2024 Final Toxicity Value 2923-26-4 Sodium perfluorohexanoate 2024 Final Toxicity Value 21615-47-4 Ammonium perfluorohexanoate 2024 Final Toxicity Value 82113-65-3 1,1,1-Trifluoro-N-[(trifluoromethyl)sulfonyl] methanesulfonamide (TFSI) 2024 Final Toxicity Value 90076-65-6 Lithium bis[(trifluoromethyl)sulfonyl] azanide 2024 Final Toxicity Value 2816091-53-7 Betaines, dimethyl(γ-ω-perfluoro-γ-hydro-C8-18-alkyl) 2024 CBI Declassification
Key Information for Reporting Year 2025
- Based on triggering activities that have occurred within the 2024 calendar year, five PFAS will be added for reporting year 2025; if other triggering activities occur within the remaining 2024 calendar year, it is possible additional PFAS will be added.
- Supplier notifications are first required as of the applicable January 1 date for a given chemical’s listing, including PFAS added via NDAA 7321(c). For PFAS added based on triggering activities that occur in 2024, supplier notifications are first required as of January 1, 2025.
Newly Reportable PFAS for Reporting Year 2025 Based on 2024 Activities*
| CASRN | TRI Chemical Name | Effective Reporting Year | Triggering Activity |
|---|---|---|---|
| 335-76-2 | Perfluorodecanoic acid (PFDA) | 2025 | Final Toxicity Value |
| 377-73-1 | Perfluoro-3-methoxypropanoic acid | 2025 | Final Toxicity Value |
| 3108-42-7 | Ammonium perfluorodecanoate (PFDA NH4) | 2025 | Final Toxicity Value |
| 3830-45-3 | Sodium perfluorodecanoate (PFDA-Na) | 2025 | Final Toxicity Value |
| 3030471-22-5 | Acetic acid, [(γ-ω-perfluoro-C8-10-alkyl)thio] derivs., Bu esters | 2025 | CBI Declassification |
* Based on triggering activities that have occurred within the 2024 calendar year, five PFAS will be added for reporting year 2025; if other triggering activities occur within the remaining 2024 calendar year, it is possible additional PFAS will be added. EPA will update this table as appropriate
Background
On December 20, 2019, the NDAA was signed into law (PL 116-92). Among other provisions, section 7321(c) identifies certain regulatory activities that automatically add PFAS or classes of PFAS to the TRI list of reportable chemicals. Specifically, PFAS or classes of PFAS are added to the TRI list of reportable chemicals beginning January 1 of the calendar year after any one of the following dates:
- Final Toxicity Value: The date on which the Administrator finalizes a toxicity value for the PFAS or class of PFAS;
- Significant New Use Rule: The date on which the Administrator makes a covered determination for the PFAS or class of PFAS;
- Addition to Existing Significant New Use Rule: The date on which the PFAS or class of PFAS is added to a list of substances covered by a covered determination;
- Addition as an Active Chemical Substance: The date on which the PFAS or class of PFAS to which a covered determination applies is:
- Added to the list published under section 8(b)(1) of the Toxic Substances Control Act (TSCA) (15 U.S.C. 2601 et seq.) and designated as an active chemical substance under TSCA section 8(b)(5)(A); or
- Designated as an active chemical substance under TSCA section 8(b)(5)(B) on the list published under TSCA section 8(b)(1).
Under FY 2020 NDAA section 7321(e), EPA must review CBI claims before PFAS with identities subject to a claim of protection from disclosure under 5 U.S.C. 552(a) (pursuant to subsection (b)(4)) are added to the list. Certain substances that met the criteria under FY 2020 NDAA section 7321(c)(1)(A)(iii) but were subject to a claim of protection from disclosure under 5 U.S.C. 552(b)(4) at that time, were not added to the list. When these substances’ identities are published on the non-confidential portion of the TSCA Inventory, the chemicals are added to the list.