Enter The Loophole
When the EPA added three more PFAS to the TRI last year , the agency slated the chemicals to a TRI section that exempts businesses from having to report releases of the toxic substances . Companies can take advantage of this loophole in either of the following circumstances :
• If the PFAS exists within a mixture and in maximum concentrations of one percent ( the de minimis exemption )
• If the amount of PFAS involved is less than 454,000 per year , and less than 227 kg or less of the chemicals are released and disposed of .
Earthjustice analyzed the EPA ’ s first PFAS release report only to find that a mere 39 facilities had filed TRI reports . In the 2021 report , the EPA acknowledged that the TRI loopholes “ significantly limited the amount of data that EPA received .”
According to the EPA , it plans to blot out the de minimis exemption for PFAS in 2022 . Unfortunately for the agency , it ’ s too little too late .
The slow-moving machinery for such a rule change would mean that the public would not be privy to PFAS data until 2025 . Plaintiffs hope that a court will render the rule gaps illegal in 2022 so that more robust and accurate reporting could begin in January 2023 .
Meanwhile , Back In December …
The EPA lawsuit comes on the heels of what had been a promising close to 2021 for PFAS-concerned groups . In late December 2021 , a half dozen North Carolina environmental health groups scored a partial victory in their quest to uncover the harmful effects of “ forever chemicals .” The U . S . EPA announced it was compelling The Chemours Co . to release toxicity data for 24 categories of PFAS .
The agency ’ s action granted the request of petitioners who allege that the global chemistry company discharged PFAS into the Cape Fear River watershed . More than a year has passed since the groups petitioned the EPA to demand data showing the toxicity and human health risks of 54 per- and polyfluoroalkyl substances ( PFAS ).
National PFAS Testing Strategy
An EPA press release also referenced its plants to advance a National PFAS Testing Strategy . This plan involves breaking down an otherwise overwhelming number ( thousands ) of PFAS into smaller categories of chemicals with similar characteristics . To date , there is no ( or limited ) data on the hundreds of PFAS in use across industries today .
“ Communities in North Carolina and across the country deserve to know the potential risks that exposure to PFAS pose to families and children ,” EPA Administrator Michael S . Regan is quoted as saying in the agency ’ s release . “ By taking action on this petition , EPA will have a better understanding of the risks from PFAS pollution so we can do more to protect people . This data will also help us identify the sources of pollution so we can hold those accountable for endangering the public .