Section 7321 of the National Defense Authorization Act for Fiscal Year 2020 (NDAA) adds 172 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).

  • PFAS additions are effective as of January 1, 2020. Reporting forms for these chemicals will be due to EPA by July 1, 2021, for calendar year 2020 data.
    • Facilities in TRI-covered industry sectors should track and collect data on these chemicals during 2020.
    • TRI reporting requirements apply to these PFAS (e.g., supplier notification) and TRI reporting exemptions, if applicable, are available for these chemicals.
    • The de minimis level for Perfluorooctanoic acid (PFOA) (CASRN: 335-67-1) is 0.1%. All of the 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.
  • EPA has revised the EPCRA Section 313 list of reportable chemicals in the Code of Federal Regulations (CFR) to include the 172 PFAS added by the NDAA. Read about the final rule.