We have previously reported on EPA’s PFAS TRI efforts, which during the Biden administration saw a significant expansion in the number of PFAS regulated. Today, the EPA announced that it will add another type of PFAS – this time, sodium perfluorohexanesulfonate (PFHxS-Na) (CASRN 82382-12-5) – the Toxic Release Inventory (TRI). It should be noted since it may be surprising that PFAS would be added to the TRI under the current administration, the EPA’s action today was the result of the Biden EPA’s issuance of a final toxicity value report in the waning days of its administration entitled “IRIS Toxicological Review of Perfluorohexanesulfonic Acid (PFHxS, CASRN 335-46-4) and Related Salts.” While TRI already lists PFHxS, it did not like PFHxS-Na, which was identified in the toxicity assessment. As such, per the 2020 National Defense Authorization Act (NDAA), the publication of this assessment adds PFHxS-Na to the TRI list with an effective date of January 1, 2026, bringing the total number of PFAS subject to TRI reporting to 206.

While far short of the steps taken under the Biden administration in terms of scope of regulation under TRI, any expansion will nevertheless have impacts on numerous companies from a compliance standpoint, as well as increase risk for future PFAS litigation.

Impact On Businesses

The goal of the TRI is to obtain as much data as possible regarding use, discharge, and disposal of the listed PFAS so that the EPA can understand use and pollution risks of the PFAS. Businesses utilizing any of the PFAS listed under the TRI must undertake every step necessary to comply with the reporting requirements set forth under the TRI. With 206 PFAS on the TRI list currently, companies must plan now for specific and targeted testing plans to ensure necessary TRI compliance. Companies utilizing PFAS not yet on the TRI must look to the future and prepare now for the possibility that additional PFAS will be added to the TRI, thereby increasing the company’s reporting burdens and increasing the risk for potential lawsuits by citizens, interest groups, or regulatory agencies for pollution.

Companies must also consider that any PFAS information reported under the TRI in July of every year and beyond will be discoverable information by plaintiffs’ attorneys looking for information to support environmental pollution lawsuits, including class action lawsuits brought by private citizens. Information about discharges will provide plaintiffs’ attorneys with a roadmap for determining “hot spot” litigation areas in the country. Companies must be aware of this likelihood and factor it into its internal risk assessment when considering action steps related to PFAS and TRI reporting.

CMBG3 Law is following judicial, legislative, administrative, and scientific developments relating to PFAS. More information about the services we can provide, including risk assessments, to ensure your business is ready for any intersection with these substances can be found on our PFAS Litigation page.

Our attorneys have been at the forefront of PFAS issues, including giving presentations as to the future waves of litigation stemming from PFAS issues. For more information, please contact the Chair of our PFAS – Toxic Torts Team: John Gardella.