More PFAS Added to Toxics Release Inventory
PFAS issues took a fair share of attention during ILMA’s Annual Meeting, particularly in the Safety, Health, Environmental and Regulatory Affairs (SHERA) and Metalworking Fluids committees, underscoring that the regulatory landscape remains active and consequential for lubricant manufacturers. While some signs point to moderate relief at the federal level — such as potential burden reduction tools for small businesses and article importers under the Toxic Substances Control Act and no immediate action expected on fluorinated plastic containers — the EPA continues to advance major PFAS initiatives that will affect compliance and liability across the supply chain.
The EPA is expected to move forward on several fronts, including:
- Defending the listing of PFOS and PFOA as hazardous substances under CERCLA (the Superfund law), which will expand cleanup liability and reporting obligations.
- Maintaining national drinking water standards for PFOS and PFOA under the Safe Drinking Water Act.
- Updating Effluent Guidelines for the Organic Chemicals, Plastics, and Synthetic Fibers (OCPSF) category, establishing PFAS discharge limits for certain industrial operations.
At the same time, states are intensifying their PFAS initiatives. Wisconsin has broadened cleanup liability under its remediation framework, while New Mexico is advancing labeling requirements for products containing intentionally added PFAS. Together, these developments confirm that this is no time for manufacturers to relax PFAS vigilance — and a new regulatory action under the Toxics Release Inventory (TRI) underscores that point.
EPA Adds PFHxS-Na to the TRI List
This addition was made under the Fiscal Year 2020 National Defense Authorization Act, which automatically includes PFAS chemicals in the TRI once the EPA finalizes a toxicity value. The agency recently completed the IRIS Toxicological Review of Perfluorohexanesulfonic Acid (PFHxS, CASRN 335-46-4) and Related Salts. While PFHxS and several related salts were already listed under TRI, PFHxS-Na was not. Adding PFHxS-Na to the TRI list brings the total number of PFAS subject to TRI reporting to 206.
Under the TRI program, covered facilities, including ILMA members, must annually report to the EPA the quantities of listed chemicals that are manufactured, processed or otherwise used above established thresholds. These data are made publicly available to inform communities and policymakers about releases and waste management of listed substances.
Facilities must start tracking activities involving PFHxS-Na as of Jan. 1, 2026. Reporting forms are due July 1, 2027, with the EPA expected to release preliminary 2026 TRI data later that summer.
Next Steps: EPA’s Pending TRI Rulemaking
The EPA is also preparing a broader final rule to expand PFAS reporting by adding new individual PFAS and PFAS categories to the TRI list. The agency is currently reviewing public comments — including ILMA’s — and is expected to finalize the rule in the first quarter of 2026.
In its comments, ILMA urged the EPA to provide limited relief for the use of firefighting foams and to abandon the proposed categorical approach to grouping PFAS, citing concerns about the ill-defined scope.
ILMA Guidance
ILMA continues to monitor all PFAS regulatory developments and remains engaged with the EPA and other agencies to ensure that the lubricant industry’s perspective is heard. Through the ILMA PFAS Task Force, work continues to develop a best practices guide for PFAS risk management, providing members with practical tools to assess potential exposures, improve supplier transparency and implement effective mitigation strategies.
As PFAS regulations evolve, ILMA members are strongly encouraged to keep PFAS front of mind, stay informed about reporting obligations, and prepare for new compliance requirements that may take effect as early as 2026.