EPA and activist groups headed for additional litigation over PFAS reporting thresholds

The Environmental Protection Agency (EPA) and various activist groups have not been able to agree on a stay of litigation in a case regarding supplier reporting exemptions for the Toxics Release Inventory (TRI). This sets the stage for a short battle over an additional stay of litigation until November 2023, when the Agency has planned to promulgate a final rule to eliminate the reporting exemption.

Regulatory background

  • Per- and polyfluoroalkyl substances (PFAS) are a large class of synthetic fluorinated organic compounds, a group of chemicals that includes perfluorooctanoic acid (PFOA), perfluorooctane sulfonate (PFOS), hexafluoropropylene oxide (HFPO) dimer acid and its ammonium salt, known as GenX, along with many other chemicals.

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