Understanding PFAS
Before delving into reporting requirements, it is important to understand what PFAS are. PFAS, or per and polyfluoroalkyl substances, represents a family of millions of fluorocarbon chemicals. They are synthetic chemicals with strong carbon-fluorine bonds, making them stable under high temperatures and resistant to water, oil, and chemicals. These characteristics lead to their persistence in the environment, with some PFAS having half-lives of up to 100 years.
In addition to that, PFAS are widespread and have been detected in approximately 30 percent of surface waters and 20 percent of drinking water tested in the US. They are also found in over 95 percent of living organisms worldwide. Some are classified as Persistent Organic Pollutants under the Stockholm Convention, and they are often referred to as "forever chemicals."
Why Should There be a Focus on PFAS?
Understanding why PFAS are significant:
- Health Concerns: Some PFAS are associated with adverse health effects.
- Widespread Use: PFAS have been in use for over 70 years and are present in numerous consumer and industrial products.
- Historical Lack of Regulation: Historically, PFAS were believed to be inert and went largely unregulated until the last decade.
- Reporting Requirements: The reporting requirements for PFAS have evolved, with an increasing number of chemicals falling under regulation.
How Does PFAS Affect TRI Reporting?
First, a little history of PFAS and TRI reporting. PFAS first joined the TRI chemical list for Reporting Year 2020 (RY2020). Every year since, more and more chemicals have been added to the list with 9 more joining the list for Reporting Year 2023. The biggest change will impact Reporting Year 2024 (RY2024) which removes the de minimis limit and will change PFAS from a listed TRI chemical to a Chemical of Special Concern.
For RY2023, there will be 189 PFAS listed chemicals. The reporting threshold is 100 pounds for the listed PFAS that is manufactured, processed, or otherwise used. The threshold is for each PFAS chemical. In addition, for the RY2023 year the de minimis concentration exemption will still be in play. PFOA has a de minimis limit of 0.1% while the other listed PFAS has a de minimis limit of 1% which means if the product has less than either of those concentrations of PFAS, they do not need to be included in the TRI calculation.
In addition, for RY2023, facilities can report PFAS using either the simplified Form A or the more detailed Form R, depending on their usage and releases.
However, reporting for RY2024 will include quite a few changes. For example, the list will include seven more PFAS chemicals (196 instead of 189), the removal of de minimis limits, and a shift to reporting exact release quantities for ALL Chemicals of Special Concern, not just PFAS. The reporting threshold remains 100 pounds. However, PFAS will be listed as a Chemical of Special Concern and therefore will no longer be reported on the Form A.
New TSCA Reporting Requirement for PFAS Section 8(a)(7)
Now, what about TSCA? Well, effective November 2023, TSCA Section 8(a)(7) requires one-time reporting by manufacturers and importers of PFAS for reporting years 2011 to 2022:
- Reporting Period: Reporting must occur between November 2024 and either May 2025 or November 2025, depending on facility size.
- Streamlined Reporting: There is a streamlined reporting option for importers of articles and small manufacturers.
- No Small Manufacturer Exemption: This regulation does not have a small manufacturer exemption.
- Reporting Details: Facilities must provide detailed information about the chemicals, quantities, use, and environmental/health effects.
With this one-time reporting requirement, it is important to note that ignorance is not bliss. As with any regulation, the government can fine or penalize facilities that do not report that should have.
How can you Prepare for TRI and TSCA Reporting?
- Audit Supply Chain: Review your supply chain for PFAS, as they may not be listed as hazardous substances on Safety Data Sheets (SDS).
- Review Formulations: Work with suppliers to review manufacturing formulations, engineering specifications, and chemistry to identify PFAS.
- Request Certification: Ask suppliers for certification that their products are PFAS-free.
- Verify Intentional/Unintentional PFAS: Determine whether PFAS presence is intentional or unintentional, as this affects reporting.
- Specify Absence in Contracts: Include clauses specifying the absence of PFAS in contracts.
- Periodic Testing: Test products or request testing from suppliers.
- Maintain Records: Keep thorough records of compliance efforts.
- Stay Informed: Keep up to date with evolving PFAS regulations, as they can vary by country, region, and even state to state in the US.
Remember – suppliers have not been required to include PFAS in SDS up until November 23, 2023. It may take months for suppliers to get up to speed. So, ask your suppliers and research, PFAS may be listed in supplier notifications, technical data sheets, safety data sheets or certificates of analysis/certification.
If there is any doubt about what products may contain a PFAS, send a certified letter to the manufacturer requesting certification that the product has no intentionally added PFAS or PFAS by products.
In Summary
According to recent calculations, there will be an estimated 4.4 million tons more PFAS in the environment in the next 30 years. TRI and TSCA are just the beginning of the PFAS reporting requirements. PFAS reporting requirements will continue to increase as PFAS usage increases and more information becomes available.
Understanding and complying with PFAS reporting requirements is crucial for businesses and facilities. Staying informed, preparing for reporting, and collaborating with suppliers are essential steps to navigate the evolving regulatory landscape surrounding PFAS. Ignorance of these regulations can lead to significant penalties, so proactive compliance is key.
