TRI Reporting - Important Updates for the 2021 Reporting Year

As you begin working on your RY2021 Toxic Release Inventory (TRI) calculations and reports (due by July 1st, 2022), it is important to consider the rule changes that will impact your RY2021 TRI reports due on July 1st, 2021.

The National Defense Authorization Act (NDAA) added 172 per-and polyfluoroalkyl substances (PFAS) to the RY2020 TRI Chemical list. For RY2021, an additional four PFAS have been added per the requirements of the NDAA:

• Silver(l) perfluorooctanoate (335-93-3),
• Perfluorooctyl iodide (507-63-1),
• Potassium perfluorooctanoate (2395-00-8), and

2-Propenoic acid, 2-methyl-, 3, 3, 4, 4, 5, 5, 6, 6, 7, 7, 8, 8, 9, 9, 10, 10, 11, 11, 12, 12, 12- heneicosafluorododecyl ester, polymer with 3, 3, 4, 4, 5, 5, 6, 6, 7, 7, 8, 8, 9, 9, 10, 10, 10- heptadecafluorodecyl 2-methyl-2-propenoate, methyl 2-methyl-2-propenoate, 3, 3, 4, 4, 5, 5, 6, 6, 7, 7, 8, 8, 9, 9, 10, 10, 11, 11, 12, 12, 13, 13, 14, 14, 14-pentacosafluorotetradecyl 2-methyl-2-propenoate and 3,3,4,4,5,5,6,6,7,7,8,8,8-tridecafluorooctyl 2-methyl-2-propenoate (65104-45-2).

For those that don’t know what PFAS are, they are materials that have been used to make household and commercial products that resist heat and chemical reactions, repel oil, stains, grease, and water. Since the 1960’s, PFAS can be found in industrial cleaners, hydraulic fluids, nonstick cookware, plastic mold release agents, resins, stain-resistant carpets and fabrics, water repellant clothing, paper and cardboard food packaging, and firefighting foams. Industries that may interact with PFAS include manufacturing, military, firefighting, aerospace, automotive, construction, and electronics, among numerous others. PFAS chemicals have been linked to health complications and there are still many unknown environmental exposure effects surrounding them as well. As a result, federal and state governments have begun regulating the chemicals.

The majority of these 176 PFAS chemicals have a de minimis level of 1% for TRI reporting, except Perfluorooctanoic acid (PFOA) (Chemical Abstract Service (CAS) Number: 335-67-1) which actually has a de minimis level of 0.1%. The de minimis level means that if the material is present below 1% (or 0.1%), it should not be included in your total usage. The PFAS chemicals are each considered to be a separate TRI chemical and not a combined category. The reporting thresholds for each of the listed PFAS chemicals will be 100 pounds for manufacturing, processing, or other use of the chemicals at your facility.

In addition to the PFAS reporting updates, the EPA has updated the de minimis levels for a few chemicals. The de minimis levels for 1,2-phenylenediamine (95-54-5) and 1,2-phenylenediamine dihydrochloride (615-28-1) have changed from 1% to 0.1% since these chemicals are now classified as OSHA carcinogens. The de minimis level for cobalt compounds is changing to read “cobalt compounds that release cobalt ions in vivo: 0.1, all other cobalt compounds: 1.0). In addition, the de minimis levels for aniline (62-53-3) and acrolein (107-02-8) will be changed from 1.0% to 0.1%.

If you have a TRI-listed NAICS code, have more than 10 full-time employee equivalents, and determine that TRI chemicals are being manufactured, produced, or are otherwise being used at your facility, you should complete an evaluation to determine if you exceed the reporting threshold. The EPA has put together applicable TRI guidance documents on the new and/or emerging TRI chemicals. The EPA asks for facilities to file an accurate and complete Form R or Form A and requests that voluntary revisions be submitted based on previously unavailable information or procedures, which improves the accuracy of the data initially reported.

If you need assistance with your TRI reporting this year, please contact us.