FAQs on Release Reporting Requirements for the Final Rule Designating PFOA & PFOS as Hazardous Substances

The following questions and answers are developed to assist regulated entities to comply with the final designation rule. 

• Which industries are potentially affected by this rule?
• Did EPA exempt any sectors or uses of PFOA and PFOS from the designation? 
• Where can I find the list of salts and structural isomers of PFOA and PFOS?
• What is the reportable quantity for PFOA/PFOS?

• Does EPA plan to adjust the default reportable quantity assigned to PFOA, PFOS, and their salts and isomers?
• Do facilities have to report releases that occurred prior to the designation of PFOA, PFOS, and their salts and structural isomers as CERCLA hazardous substances?
• Do facilities that release PFOA, PFOS, their salts and structural isomers need to comply with EPCRA reporting requirements?
• Do fire departments or airports using AFFF for emergency purposes have to report releases?
• Does the RQ refer to one-time releases or ongoing releases? Will 24-7 real-time monitoring be required? Are there systems already in place to do this type of real-time monitoring?
• How will EPA account for the delay in receiving analytical results necessary to determine whether an RQ release has occurred?
• Does the RQ refer to one pound of PFOA or PFOS molecules, or one pound of a substance containing PFOA and/or PFOS (e.g., AFFF concentrate or AFFF solution) or of a mixture of PFOA and/or PFOS. Are salts of PFOA and PFOS counted separately?

1. Which industries are potentially affected by this rule?

This rule may affect industries that produce, use, or store PFOA and PFOS, and their salts and isomers if any of these entities have a release of these substances at or above 1 pound in any 24-hour period. The seven broad categories of entities that may potentially be affected by this action include, but are not limited to: (1) PFOA and/or PFOS manufacturers (including importers and importers of articles that contain these substances); (2) PFOA and/or PFOS processors; (3) manufacturers of products containing PFOA and/or PFOS; (4) downstream users of PFOA and PFOS; (5) downstream users of PFOA and/or PFOS products; (6) waste management facilities; and (7) wastewater treatment facilities.

Section II.C. of the Preamble to the Final Rule includes a list of North American Industrial Classification System (NAICS) codes as a guide to help readers determine whether this action may apply.

2. Did EPA exempt any sectors or uses of PFOA and PFOS from the designation?

EPA did not exempt any sectors or any uses of PFOA and/or PFOS as part of this rulemaking.

3. Where can I find the list of salts and structural isomers of PFOA and PFOS?

EPA’s CompTox Chemicals Dashboard https://comptox.epa.gov/dashboard/chemical-lists/PFOAPFOSCERCLAV1 is a resource that can be used to identify salts and structural isomers of PFOA and PFOS. EPA periodically updates the CompTox Chemicals Dashboard to include new information on PFAS, including PFOA and PFOS.) This list also includes ions as they have their own CASRN. Note: The list could change as the chemicals included on the CompTox Chemicals Dashboard are expanded or otherwise as modified. Such changes will be noted and curated in a transparent manner.

4. What is the reportable quantity for PFOA/PFOS?

Pursuant to CERCLA section 102, in this final rule the Agency assigned a default RQ of one pound to PFOA and PFOS and their salts and structural isomers.

5. Does EPA plan to adjust the default reportable quantity assigned to PFOA, PFOS, and their salts and isomers?

Pursuant to CERCLA section 102, in this final rule the Agency is assigning a default RQ of one pound to PFOA and PFOS and their salts and structural isomers. EPA is setting the RQ by operation of law at the statutory default of one pound. EPA may consider adjusting the default RQ in the future. EPA has the authority to revise the RQ level in the future and the Agency may consider whether a lower or higher RQ is warranted after the final rule is effective and the Agency begins receiving release information on PFOA and PFOS, including their salts and isomers based on the default one-pound statutory RQ.

6. Do facilities have to report releases that occurred prior to the designation of PFOA, PFOS, and their salts and structural isomers as CERCLA hazardous substances?

No.  Facilities are not required to report any legacy releases.  Facilities are only required to report releases of PFOA and PFOS, their salts and structural isomers that occur from the effective date of the final rule. Note that past releases which are causing continuous, present adverse effects may need to be reported.

7. Do facilities that release PFOA, PFOS, their salts and structural isomers need to comply with EPCRA reporting requirements?

Yes.  Section 304 of EPCRA requires facility owner or operator that release any of these substances at or above its RQ of 1 pound in any 24-hour period to provide immediate notification to the State or Tribal Emergency Response Commission (SERC or TERC) and Local or Tribal Emergency Planning Committee (LEPC or TEPC).  Section 304 also requires facility owner or operator to submit follow-up report on any reportable release within 30 days to your SERC or TERC, and LEPC or TEPC.  Please contact your State for any additional requirements.  https://www.epa.gov/epcra/state-contact-information-epcra-section-304-emergency-release-notification.

For additional details, please visit EPA webpage at https://www.epa.gov/epcra/emergency-release-notifications.

8. Do fire departments or airports using AFFF for emergency purposes have to report releases?

Yes.  Fire departments or airports that use AFFF that contain PFOA, PFOS, their salts or isomers are required to report qualifying releases as provided in CERCLA section 103 and EPCRA section 304. 

9. Does the RQ refer to one-time releases or ongoing releases? Will 24-7 real-time monitoring be required? Are there systems already in place to do this type of real-time monitoring?

A facility must provide immediate notification of the release of a quantity equal to or exceeding the RQ. If the first discrete event in a 24-hour period equals or exceeds the RQ, then facility must provide immediate notification and report the amount released in that event. The facility would not need to provide a second notification if there was another release of the same substance in the same 24-hour period. If the first discrete event in a 24-hour period does not equal or exceed the RQ, but a subsequent release in the same 24-hour period causes the facility to equal or exceed the RQ, then the facility should immediately provide notification and report the combined quantity released into the environment.

Entities may also use a continuous release reporting option instead of reporting every time an RQ is met or exceeded every 24 hours, if certain criteria described in the regulations at 40 CFR 302.8 are met. Neither CERCLA section 103 nor EPCRA 304 require facilities to conduct any testing or monitoring to determine if a RQ of a hazardous substance is released. Facilities may use their professional judgement to report a release as soon as they have knowledge of a release of a hazardous substance that meets or exceeds the RQ. However, entities that have federal permits or state permits that are federally approved for releases or discharges may require monitoring to meet permit standards.

10. How will EPA account for the delay in receiving analytical results necessary to determine whether an RQ release has occurred?

Section 103 of CERCLA requires the person in charge of a facility or vessel, as soon as he or she has knowledge of a release of a hazardous substance in an amount equal to or greater than an RQ to report the release immediately to the NRC. EPCRA section 304 also requires facility owners or operators to immediately notify their LEPC or TEPC, if established, for any area likely to be affected by the release and to notify the SERC or TERC of any state or Tribal region likely to be affected by the release of these substances. If an entity is unable to determine the exact quantity of the released amount it may use the best available information at the time of notification. However, if, after the notification, the entity determines that the release information was incorrect, it may need to reach out to the NRC, SERC or TERC and the LEPC or TEPC to provide the correct information regarding the release.

11. Does the RQ refer to one pound of PFOA or PFOS molecules, or one pound of a substance containing PFOA and/or PFOS (e.g., AFFF concentrate or AFFF solution) or of a mixture of PFOA and/or PFOS. Are salts of PFOA and PFOS counted separately?

The reportable quantity for all hazardous substances listed in Table 302.4 of 40 CFR part 302 (with the exception of radionuclides) are listed in pounds (kg). In this final rule, the RQ of 1 pound is assigned for each of the substance, PFOA, PFOS, their salts and their structural isomers.  Entities that use or store a mixture or product that contains PFOA or PFOS, should refer to the Safety Data Sheet which would include the concentration of the constituents in the product or mixture. For liquid mixtures, entities may need to convert from gallons to pounds to determine the RQ of the material.

For additional details, refer to:

https://www.epa.gov/epcra/release-reporting-requirements-hazardous-substances-mixtures

https://www.epa.gov/epcra/epcra-304-release-notification-mixtures