Per- and polyfluoroalkyl substances (PFAS) are reportable on both the TURA List and EPCRA's Toxics Release Inventory (TRI List). This guide summarizes current tracking and reporting obligations for facilities subject to these requirements.
Overview
| PFAS Listing | Report to TRI | TURA tracking starting | Report to DEP | Reportable | Threshold |
|---|---|---|---|---|---|
| TURA Certain PFAS NOL | -- | January 1, 2022 | July 1, 2023 | As a category | 25,000 lbs. mfg'd/processed; 10,000 lbs. otherwise used |
| 172 TRI/TURA PFAS (2020) | July 1, 2021 | January 1, 2021 | July 1, 2022 | Separately | 100 lbs. De minimis exemption no longer applies. All PFAS in a given category would count toward 100 pound threshold. |
| Four TRI PFAS (2021) | July 1, 2022 | January 1, 2023 | July 1, 2024 | ||
| Four TRI PFAS (2022) | July 1, 2023 | July 1, 2024 | |||
| Nine TRI PFAS (2023) | July 1, 2024 | January 1, 2024 | July 1, 2025 | ||
| Seven TRI PFAS (2024) | July 1, 2025 | January 1, 2025 | July 1, 2026 | ||
| Nine TRI PFAS (2025) | July 1, 2026 | January 1, 2026 | July 1, 2027 | ||
| One TRI PFAS (2026) | July 1, 2027 | Anticipated January 1, 2027 | Anticipated July 1, 2028 | ||
| (EPA proposed) Sixteen PFAS and 15 PFAS categories (anticipated 2025) | TBD | TBD | TBD |
Certain PFAS Not Otherwise Listed (Certain PFAS NOL)
Certain Per- and Polyfluoroalkyl Substances Not Otherwise Listed (Certain PFAS NOL) are reportable under the Toxics Use Reduction Act (TURA) (section 41.03(14)).
- Companies covered by TURA have been required to track their use of these PFAS starting January 1, 2022. The first reports on this category were due to MassDEP on July 1, 2023.
- Certain PFAS NOL are reportable as a category, so companies that are using more than one chemical that fits this category only need to report on the total amount used and pay a single per-chemical fee for this category.
- Certain PFAS NOL are reportable at the standard TURA thresholds of 25,000 pounds manufactured/processed or 10,000 pounds otherwise used.
TRI-Reportable PFAS Listed Under TURA
In 2020, 172 per- and polyfluoroalkyl substances (PFAS) were added to the Toxics Release Inventory (TRI) list, and were also added to the TURA List effective January 1, 2021 (section 41.03(13)).
- Companies covered by TURA have been required to track their use of these TRI PFAS starting January 1, 2021. The first reports on this category were due to MassDEP on July 1, 2022.
Since 2021, additional PFAS have been added to the TRI list.
- Eight of these PFAS were added to the TURA List effective January 1, 2023 (section 41.03(15)) for reports due to MassDEP on July 1, 2024.
- Nine more were added to the TURA List effective January 1, 2024 (section 41.03(16)), for reports due to MassDEP on July 1, 2025.
- Seven more have been added to the TURA List effective January 1, 2025 (section 41.03(17)), for reports due to MassDEP on July 1, 2026.
- Nine more have been added to the TURA List effective January 1, 2026 (section 41.03(18)), for reports due to MassDEP on July 1, 2027.
- One more PFAS that has been added to TRI has not yet been added to the TURA list; addition is anticipated in 2026.
Additionally, in October 2024, EPA announced a proposed rule to add another 16 PFAS and 15 PFAS categories. If this proposed rule is finalized, the TURA Program will initiate a new amendment process to add these PFAS listings to the TURA List as well, as required by law. We expect that TURA would adopt this amendment for the reporting year following EPA's adoption.
All TRI-listed PFAS are reportable individually under TURA at a 100-pound threshold.