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) and provided a framework for additional PFAS to be added to TRI on an annual basis.

Updates on Implementation

• Reporting forms on the 172 PFAS initially added by the NDAA for Reporting Year 2020 are due by July 1, 2021.
  • On June 22, 2020, EPA published a final rule to include these PFAS in the Code of Federal Regulations.
• 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.
• For Reporting Year 2021 (reporting forms due by July 1, 2022), the NDAA automatically added three PFAS to the TRI list.
  • EPA will be revising the EPCRA Section 313 list of reportable chemicals in 40 CFR 372.65 to include the three PFAS added by the NDAA:
    • Perfluorooctyl iodide (507-63-1)
    • Potassium perfluorooctanoate (2395-00-8)
    • Silver(I) perfluorooctanoate (335-93-3)
• Updates related to implementation of the NDAA’s requirements and TRI PFAS reporting will be provided on this page.

Key Information

• Reporting forms for 172 PFAS added to the TRI list for RY 2020 are due by July 1, 2021.
• For RY 2021 reporting (reporting forms due by July 1, 2022), facilities in TRI-covered industry sectors should begin tracking and collecting data on these chemicals during 2021.
  • Perfluorooctyl iodide (507-63-1)
  • Potassium perfluorooctanoate (2395-00-8)
  • Silver(I) perfluorooctanoate (335-93-3)
• TRI reporting requirements apply to these PFAS (e.g., supplier notification) and TRI reporting exemptions, if applicable, are available for these chemicals.
  • Other reporting requirements for PFAS are unchanged, including:
    • The de minimis level for Perfluorooctanoic acid (PFOA) (CASRN: 335-67-1) is 0.1%. All other PFAS additions have a de minimis level of 1%.
    • The NDAA establishes TRI manufacturing, processing, and otherwise use reporting thresholds of 100 pounds for each of the listed PFAS.