Welcome to the latest installment of The ELAM Group’s series exploring EPA’s PFAS Strategic Roadmap, a comprehensive approach to address the challenges posed by the “forever chemicals,” also known as Per- and Polyfluoroalkyl Substances (“PFAS”). The roadmap focuses on three key objectives: Research, Restrict and Remediate. Its goal is to deepen the understanding of PFAS and limit their use, exposure and impact.
Our previous white papers provided foundational insights into the roadmap’s goals and initial impacts. Building on that groundwork, this series explores the roadmap’s impact on compliance with other environmental laws, including the Toxic Substances Control Act (“TSCA”), Clean Air Act (“CAA”), Safe Drinking Water Act (“SDWA”), Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) and more.
In this article, we examine the latest PFAS regulatory updates to the Toxic Release Inventory (“TRI”), and explain the broader implications for compliance, public health and environmental protection.
Enhancing Public Awareness with the TRI Program
EPA established the Toxics Release Inventory (“TRI”) Program in 1986 following two industrial chemical disasters in 1984 and 1985—one at a chemical plant in India and the other in a similar plant in West Virginia. The TRI program monitors and tracks nearly 800 toxic chemicals that threaten human health and the environment, ensuring better local preparation for future chemical emergencies and making information on hazardous substances more readily available.
How the TRI Program Works
Unlike other EPA programs that set operational standards for facilities, the TRI takes a different approach. By collecting and publicly sharing data on toxic chemicals managed by industrial and federal facilities, the program increases transparency, informs pollution prevention efforts and incentivizes companies to improve their environmental performance.
Facilities are included in the TRI based on their industry classification, identified by a six-digit North American Industry Classification System (NAICS) code. Covered facilities must submit annual reports detailing:
- The amount of each listed chemical released into the environment
- The quantities managed through recycling, energy recovery and treatment
- Any pollution prevention measures taken to reduce chemical waste
Expanding the TRI to Include PFAS
With increasing research investigating potential health and environment risks associated with PFAS chemicals, EPA is working to expand the TRI’s list of reportable substances to include additional PFAS compounds—aligning with its broader Strategic Roadmap.
Since the inception of the Strategic Roadmap in 2021, EPA has consistently added PFAS chemicals to the TRI through two primary avenues:
- Automatic Additions Through the National Defense Authorization Act (“NDAA”) of 2020
The NDAA empowers EPA to automatically add PFAS to the TRI each January following a triggering event––such as the agency’s finalizing toxicity values, issuing a Significant New Use Rule (“SNUR”) or the addition of PFAS to an existing SNUR list. Since 2020, EPA has added up to 205 reportable PFAS chemicals to the TRI.
For reporting year 2024, the NDAA automatically added seven PFAS to the TRI list, codified in a final rule in May 2024. EPA added nine more PFAS in January 2025.
- Automatic Additions Through the National Defense Authorization Act (“NDAA”) of 2020
- Proposed Rule Changes.
EPA also has authority to propose additional PFAS chemicals through its own regulatory rule making.
Automatic additions under the NDAA cover a smaller set of PFAS chemicals, whereas proposed rules aim to expand TRI oversight more comprehensively, sometimes adding entire chemical categories.
In October 2024, EPA proposed adding 16 individual PFAS and 15 broader PFAS categories to the TRI. The agency proposed designating these PFAS as “chemicals of special concern,” denoting environmental persistence, resistance to degradation and bio-accumulative potential.
Such designation imposes stricter reporting requirements. Should the rule become final, facilities that manufacture, process or use PFAS would have to report activity exceeding 100 pounds, a threshold significantly lower than the standard 25,000 pounds for manufacturing and processing.
EPA’s public comment period for this proposal closed on December 9, 2024, and formal updates are expected this year.
What’s Next: Implications for TRI Changes in 2025 and 2026
Facilities that are subject to reporting requirements for these chemicals should begin tracking their activities involving these PFAS as required by Section 313 of the Emergency Planning and Community Right-to-Know Act. Reporting forms will be due by July 1, 2026. Industries subject to TRI reporting, including manufacturing, metal mining, electric power generation, chemical manufacturing and hazardous waste treatment, should seek support for tracking and collecting data on PFAS chemicals to stay compliant.
Staying proactive about ongoing EPA actions and adjusting compliance strategies accordingly will be essential for companies looking to manage risks and maintain regulatory compliance.
If your organization has used PFAS, faces PFAS liability, or operates on property where PFAS may be present, it’s crucial to assess your compliance and potential risks. Contact The ELAM Group to learn more.
