Toxic Release Inventory (TRI) & Per- & Polyfluoroalkyl Substances
PFAS REPORTING CHALLENGES
12/19/2024
by Brinney Mahmood
What Are PFAS?1
Discovered through the processes of electrochemical fluorination (ECF) and fluorotelomerization in the 1930s, PFAS are a group of over 14,000 synthetic chemicals characterized by their carbon-fluorine bonds, which are of the strongest organic bonds due to fluorine possessing the most electronegativity of any element1. The chemical identity of PFAS provides the following physical attributes: remarkable resistance to heat, water, and oil. These physical properties are ideal for applications in firefighting foams, non-stick coatings, hydrophobic fabrics and cosmetics, and various industrial processes. The same characteristics which make PFAS appealing for industrial applications earn the chemical group its "forever chemicals" nickname. Environmental and health issues are posed as PFAS are released into biosystems because they are nearly difficult to destroy.
PFAS Hazard Communication
Businesses across the United States (US) already face several issues identifying per- and polyfluoroalkyl substances (PFAS) in manufactured, processed, and otherwise used substances. To determine whether PFAS exist in a facility’s chemical inventory, it would be simple if PFAS were always disclosed on a product’s Safety Data Sheet (SDS). This is not the case because Section 3 of an SDS contains hazardous chemicals, which currently do not include PFAS. Furthermore, SDSs do not always include trace chemical signatures. The root of the issue begins with the SDS, which is commonly thought of as key to a facility’s environmental compliance – in accordance with the Globally Harmonized System (GHS).
What is TRI?
In October 1986, President Reagan signed into law the Environmental Protection Agency’s (EPA) Superfund Amendments and Reauthorization Act (SARA). Title III of this Act became more commonly known as the Emergency Planning and Community Right to Know Act or EPCRA and requires facilities with a chemically oriented product inventory to report annually the site-specific chemicals and vital emergency response data to various local, county, state, and federal agencies. EPCRA consists of five (5) sections, each with corresponding requirements: Sections 302, 304, 311, 312, and 313. Section 313 is the section which requires TRI or Form R reports. Initial reports were required beginning with calendar year 1987.
The Pollution Prevention Act, passed into law October 1990, added more reporting requirements to the Form R report. The additional reporting information was required starting with reports for calendar year 1991.
Reporting is required to provide the public with information on the releases of EPCRA Section 313 chemicals in their communities and to provide the EPA with release information to assist in determining the need for future regulations. Facilities must report the quantities of both routine and accidental releases of EPCRA Section 313 chemicals as well as the maximum amount of the EPCRA Section 313 chemicals on-site during the calendar year and the amount contained in wastes managed onsite or transferred offsite.
How are Businesses Going to Report PFAS on the Upcoming 2024 TRI Report?
Regarding Toxic Release Inventory (TRI), proposed PFAS regulations will cost businesses a pretty penny. While the de minimis limit for TRI PFAS is already 100 pounds, the Environmental Protection Agency (EPA) aims to remove de minimis thresholds for PFAS with the December 5, 2022 proposition. The financial burden to facilities to meet compliance with this upcoming regulation is unimaginable, as the following must be met to determine if PFAS is processed, manufactured, or otherwise used:
- Is PFAS imported to the facility?
- Is PFAS exported by the facility?
- Is PFAS in the packaging of any products produced by the facility?
- If no PFAS is known or believed to exist, then which parts of the production process should be audited?
For instance, it can cost thousands of dollars to maintain a chemical database with Vanguard Environmental, Inc. annually. Even with a chemical database, third-party environmental managers can only complete reports, such as TRI reports, with the information clients provide. This means that an additional task, i.e., a PFAS inspection and/or testing, is necessary for businesses to complete in hopes to meet TRI compliance. While this may cost a business, keep in mind inspections and testing will only provide findings based on information provided by manufacturers, any other responsive parties within the supply chain, or process knowledge. Additional sunken costs to PFAS surveys include the time and wages of people involved who are collecting data.
If all the measures fail to detect PFAS in manufacturing, processing, or other industrial activities, do not forget that a facility is subject to up to $75,000 per violation per day regarding TRI non-compliance. Not only are the proposed EPA rules from December 5, 2022 not practical for businesses, but more importantly, they create circumstances that are not financially feasible. Therefore, if the proposed rules were reconsidered, this could lessen the burden on affected industries.
Quantitative Knowledge is Necessary to Report2
The following table from the EPA shows quantitative test methods available for PFAS. These tests are valuable to facility that need to report PFAS in process wastewater, stormwater, and air emissions. Keep in mind that TRI chemical releases must be reported on TRI Form R Reports, which are due each year for affected facilities on July 1.
| Media |
Method |
Description |
Drinking (Potable) Water
EPA develops drinking water methods in support of the Safe Drinking Water Act (SDWA).Information on SDWA method development protocols |
Method 537.1: Determination of Selected PFAS in Drinking Water by SPE and LC/MS/MS (2018/2020) |
EPA method for measuring 18 PFAS in drinking water, including HFPO-DA (one component of the GenX processing aid technology).
Note: Method 537.1 was updated in 2020 to version 2.0. The only updates were editorial and did not include any technical revisions. |
| Method 537: Determination of Selected PFAS in Drinking Water by SPE and LC/MS/MS (2009 - listed for historical purposes) |
EPA method for measuring 14 PFAS in drinking water.
Note: This is referenced for historical purposes only. Method 537 was updated in 2018 to Method 537.1 (above). |
| Method 533: Determination of PFAS in Drinking Water by Isotope Dilution Anion Exchange SPE and LC/MS/MS (2019) |
EPA method for measuring 25 PFAS in drinking water. |
Non-Potable Water and Other Environmental Media
EPA develops methods for aqueous and solid (e.g., soil, biosolids, sediment) samples primarily through the Clean Water Act (CWA) and methods for solid waste (SW-846) under the Resource Conservation and Recovery Act (RCRA).
|
Method 8327: PFAS Using External Standard Calibration and MRM LC/MS/MS (2019) |
EPA method for measuring 24 PFAS in non-drinking water aqueous (groundwater, surface water, and wastewater) samples. |
| Method 1633 |
EPA method for measuring 40 PFAS in wastewater, surface water, groundwater, soil, biosolids, sediment, landfill leachate, and fish tissue.
EPA and the Department of Defense collaborated on the development of this method. |
Source (Air) Emissions
There are diverse sources of emissions, including chemical manufacturers, commercial applications, and thermal treatment incineration processes. EPA is developing test methods for measuring PFAS source emissions. |
Other Test Method (OTM)-45: Measurement of selected PFAS from stationary sources |
A method for measuring 50 PFAS in air emissions from stationary sources. This method focuses on semivolatile and particulate-bound PFAS.
EPA intends for the scientific community to provide feedback on OTM-45. Scientists and stakeholders can learn more about the process for submitting feedback in the introduction text of the method document.
|
| Other Test Method (OTM)-50: Sampling and analysis of volatile fluorinated compounds from stationary sources using passivated stainless-steel canisters |
A method for measuring 30 PFAS in air emissions from stationary sources. This method focuses on certain volatile PFAS.
EPA intends for the scientific community to provide feedback on OTM-50. Scientists and stakeholders can learn more about the process for submitting feedback in the introduction text of the method document. |