Changes to the 2020 TRI (Toxic Release Inventory) Report

There are several changes coming for the 2020 Toxic Release Inventory (TRI) Report covering activities occurring in calendar 2020 and reported no later than July 1, 2021.

The most significant changes are related to the reporting of newly listed per-and polyfluoroalkyl substances (PFAS) starting in with the TRI report due on July 1, 2021.

PFAS are substances that are found in a variety of different products and industries including firefighting foams, food packaging, stain/grease repellent products, and health and beauty products. The Environmental Protection Agency (EPA) published its PFAS Action Plan in February 2019 to address the agency’s approach to addressing PFAS. These chemicals have become a public health concern as they accumulate in the body for long periods of time and the scientific evidence shows that exposure to PFAS can lead to adverse health outcomes in humans.

The TRI reporting of PFAS is mandated by the section 7321of the 2020 National Defense Authorization Act (NDAA) enacted on December 20, 2019. This section of the NDAA adds 172 per-and polyfluoroalkyl substances (PFAS) to the chemical list requiring facilities to report usage via the TRI under section 313 of Emergency Planning and Community Right-to-Know Act (EPCRA).

The PFAS reporting threshold is 100 pounds for each one of the 172 compounds. This is significantly lower than the traditional reporting thresholds of either 25,000 or 10,000 pounds depending on how the chemical is used in a facility. Note that each individual compound has its own 100-pound reporting threshold; these chemicals were not added as a category. The de minimis concentration for all of the PFAS additions is 1%, except for Perfluorooctanoic acid (PFOA) which is 0.1%.