In February 2025, the United States Environmental Protection Agency announced it will delay the addition of nine per- and polyfluoroalkyl substances (“PFAS”) to its Toxics Release Inventory Report for the 2025 reporting year. “PFAS” is a term used to describe a diverse group of chemicals contained in many consumer products and industrial processes. The EPA’s announcement followed President Trump’s January 2025 memorandum “Regulatory Freeze Pending Review” which, among other things, requested a 60-day postponement “to the effective date memorandum for any rules that have been published in the Federal Register, or any rules that have been issued in any manner but have not taken effect, so that the administration may review any questions of fact, law, and policy that the rules may raise.” Accordingly, impacted industries now have additional time to prepare for new PFAS reporting requirements under the Emergency Planning and Community Right-to-Know Act (“EPCRA”) and the Pollution Prevention Act (“PPA”) following the addition of nine PFAS chemicals to the Toxics Release Inventory (“TRI”).
Why Was the Delay Implemented?
The EPA implemented the delay without notice and public procedure under the good cause exceptions in
5 U.S.C § 553(b)(B) and (d)(3), citing the imminence of the effective dates. See 90 Fed. Reg. 9010 (Feb. 5, 2025). The postponement will extend the EPA’s time to review and consider the new regulations following Trump’s memorandum. The delay extends the effective date of the January 6, 2025, rule to March 21, 2025, giving impacted industries more time to assess and adapt to the new reporting requirements.
What Does the Delay Mean for PFAS Reporting?
On January 6, 2025, the EPA issued a final rule updating the list of chemicals subject to toxic chemical release reporting under the EPCRA and the PPA. See 90 Fed. Reg. 573 (Jan. 6, 2025). The rule added nine PFAS chemicals to the TRI, classified as “Chemicals of Special Concern” under
40 C.F.R. § 372.28, including them in 40 C.F.R. § 372.65, and establishing that impacted industries must report their use of these chemicals as part of their mandatory reporting requirements beginning with fiscal year 2025, due by July 1, 2026.
The chemicals added to the TRI include: ammonium perfluorodecanoate, sodium perfluorodecanoate, perfluoro-3-methoxypropanoic acid, 6:2 Fluorotelomer sulfonate acid,
6:2 fluorotelomer sulfonate anion, 6:2 fluorotelomer sulfonate potassium salt, 6:2 fluorotelomer sulfonate ammonium salt, and 6:2 fluorotelomer sulfonate sodium salt.
Other Delayed Regulations
In addition to PFAS, the EPA has delayed the implementation of several other regulations, including the Hazardous Waste Generator Improvements Rule and the Hazardous Waste Pharmaceuticals Rule. These regulations, which aim to require impacted industries to adapt to new standards for hazardous waste management, have been delayed to allow the chemical industry and related businesses additional time to assess their operations, conduct internal audits, and prepare for compliance. However, impacted industries should remain alert for any additional updates, extensions, or even cancellations in light of the new administrations’ evolving policy priorities and stated goal of reviewing any questions of fact, law, and policy that the EPA’s new PFAS reporting requirements may raise.
Conclusion
The EPA’s extension of the effective date for PFAS reporting offers impacted industries extra time to prepare for compliance. Industries affected by these changes should use this time to review their operations, consult with environmental experts, and remain alert for any further updates or extensions from the EPA.
Husch Blackwell LLP has experience working with clients to prepare for regulatory compliance with PFAS reporting requirements. Should you have any questions regarding these requirements, feel free to reach out to one of the authors of this article.