EPA Calls for More Reporting of Environmental Releases of PFAS Chemicals

As a growing number of PFAS water contamination lawsuits continue to be filed against the manufacturers of toxic “forever chemicals,” federal regulators have proposed a new rule that would require additional restrictions on chemical dumping and impose further reporting requirements.

The U.S. Environmental Protection Agency (EPA) released a proposed rule, adding 16 per- and polyfluoroalkyl substances (PFAS) to the Toxics Release Inventory (TRI) on October 1, which would require manufacturers to report when these additional PFAS chemicals are released into the air or water, disposed of or recycled, if the rule is approved.

PFAS are a group of synthetic chemicals used in many products and industrial processes. They are often called “forever chemicals,” since they take extremely long to break down in the environment and human bodies. The chemicals have been linked to a number of serious health conditions, including liver cancer, thyroid disease, kidney cancer and ulcerative colitis.

In recent years, PFAS chemicals have come under increased scrutiny due to their use in numerous products that can be ingested by humans and pollute the natural environment, such as Teflon, rugs, carpets and aqueous film-forming foam (AFFF), which is used to fight fires.

The EPA’s proposed rule now requires facilities that manufacture, process or use 16 additional PFAS chemicals to report their releases and waste management activities each year. Failure to report the information accurately or on time would violate the rule, resulting in fines or other penalties.

The 16 additional PFAS chemicals that now require reporting include a range of substances, such as well-known PFAS substances like Perfluorooctanoic acid (PFOA), Perfluorononanoic acid (PFNA) and Perfluorooctanesulfonic acid (PFOS), along with others simply identified by specific Chemical Abstracts Service (CAS) Registry Numbers.

This reporting is mandated by the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA), which both aim to improve tracking and regulation of these toxic substances to protect human health and the environment​.

The newly proposed regulation is designed to enhance ongoing measures aimed at tackling the extensive PFAS water contamination issues that plague the U.S. Particularly problematic has been the contamination of waterways from the runoff of AFFF, commonly used in firefighting and industrial operations near military installations.

Growing evidence establishing serious health effects associated with PFAS has prompted numerous firefighters to file lawsuits against manufacturers of these chemicals, alleging they failed to warn about the risk that exposure may cause testicular cancer, liver cancer, kidney cancer, ulcerative colitis and other injuries.

As communities nationwide continue to discover problems with PFAS-contaminated water sources, that has also ignited major environmental and public health concerns, compelling states to seek compensation from manufacturers to cover the costs of pollution remediation.

Additionally, residents living near these contaminated sites have initiated legal actions, alleging that prolonged exposure to tainted drinking water has caused severe and sometimes fatal health issues.

PFAS Water Contamination Lawsuits

Thousands of PFAS lawsuits have now been consolidated under U.S. District Judge Richard M. Gergel in South Carolina due to health problems caused by the toxic chemicals released from AFFF firefighting foam. The lawsuits focus primarily on water contamination from the use of AFFF by the military and firefighters during training and emergencies, which has caused significant pollution around military bases, airports and firefighter training sites, affecting local communities.

3M Company, DuPont, Chemguard Inc.,Tyco Fire Products and other manufacturers now face over 9,800 lawsuits from individuals with cancer and other health issues caused by PFAS water contamination, as well as from firefighters who claim PFAS exposure through their proximity to AFFF while training and fighting fires caused them serious health problems.

As part of the coordinated management of the litigation, a small group of early PFAS trial dates are expected to start in 2025, involving claims that individuals developed testicular cancer, kidney cancer, liver cancer, thyroid cancer, thyroid disease and ulcerative colitis, after drinking water known to be contaminated with high levels of the chemicals.

While the outcome of these early trial dates will not have any binding impact on other claims being pursued throughout the federal court system, they are designed to help gauge how juries may respond to certain evidence and testimony that will be repeated throughout the litigation.