Course Level:

Intermediate

Advance Preparation:

Print and review course materials

Method of Presentation:

Live Webcast

Prerequisite:

General knowledge of environmental and energy laws

Course Code:

149258

NY Category of CLE Credit:

Area of Professional Practice

Total Credit:

1.0 CLE

E. Chase Dressman, Partner
Taft Stettinius & Hollister LLP

Marcia Mulkey, Of Counsel
Cozen O'Connor

E. Chase Dressman, Partner

Taft Stettinius & Hollister LLP

• PFAS overview/background (very short – most of the attendees should be familiar with PFAS history/background, but we should include a 1-2 minute summary at the front-end of the presentation)
• TRI/TSCA overview (similar to the PFAS overview/background, we will want to include a short overview of general TRI/TSCA requirements – I think this can/should preface the lead-in to the new/proposed PFAS TRI/TSCA reporting requirements)
• At some point, I think we want to provide some additional context to the group on other liability/regulatory considerations/concerns with PFAS (i.e., PFAS is not just a TRI/TSCA issue).  This can be relatively short since the focus of the presentation is on TRI/TSCA reporting obligations, but if the attendees are interested in PFAS obligations under TRI/TSCA, I think they will also be interested to briefly hear about some other PFAS issues/concerns as well (e.g., CERCLA liability; transactional considerations; product/supply contractual considerations; Greenwashing claims; etc.).
• In conjunction with the bullet point above, we should also briefly discuss how/which states are taking aggressive action on PFAS.
• Particularly for the current TRI reporting requirements, we should briefly touch on potential corrective action, including EPA’s Self-Audit/Disclosure Policy and the requirements/exclusions for eligibility.

Marcia Mulkey, Of Counsel

Cozen O'Connor

• The key elements of the TRI reporting regime as applied to PFAS.
• EPCRA/TRI
  • 2020 Defense Authorization Act added 172 PFAS to the chemicals requiring annual reporting under the Emergency Planning and Community Right to Know Act if above 100 lb threshold.
  • Covers broad sweep of facilities (21,000) with 10 or more full time equivalent employees across many NAICs codes: mining, certain utilities, manufacturing of food and beverages, textiles and apparel, wood, paper, printing, chemicals, metals, electronics, furniture, certain wholesale, publishing, hazardous waste management and all federal facilities.

• Information to be Reported
  • Reports cover specifics about PFAS Manufactured, Processed, or Otherwise Used.
  • Manufactured includes produced or imported, whether for use, sale or as a by product
  • Processed covers formulation, article components repackaging, recycling, recycling and impurities
  • Otherwise Used includes catalysts, waste processes, fuel, construction materials and flame suppression

• Discharge and Release Reporting
  • TRI reports require specifics about releases, including and fugitive and nom-point source air releases, all stack or point source releases, all discharges to waters, all off-site waste removal. Discharges to POTWs are specifically identified
  • Additional information includes recycling and pollution prevention efforts

• Timing for Public Availability of TRI TRI Data from First Reports on 172 PFAS Compunds
• July 1, 2021-Reports due
  • End of July-EPA publishes the facility level "preliminary" complete reports
  • October-EPA publishes the complete data set, reflecting engagement wuth EPA following the report submission
  • January of 2022-EPA publishes its analyses of the data

• The EPA publication with the announcement of the availability of the July 1 raw submissions, especially EPA’s obvious surprise/shock that there were only 38 PFAS reporting facilities and EPA’s intent to try to figure out why and respond accordingly, prominently mentioning enforcement.
• Potential next steps for TRI reporters—check and double check? Late reporting.
• Any analysis on 38 reporters (including the role of federal facilities)--
• Pending TSCA Section 8 Rulemaking dramatically expanding reporting beyond TRI facilities and beyond current year.

• Environmental Law Lawyers
• Environmental Health and Safety Managers
• Environmental Consultants
• In-House Counsel
• Public Interest Lawyers
• Business Development Managers
• Development Consultants
• Chief Compliance Officers
• Risk Assessment Managers