Advance Notice of Proposed Rulemaking: Adding Certain PFAS to the TRI Chemical List
On December 4, 2019, EPA opened a 60-day public comment period to gather information for use in a potential rulemaking to add certain per- and polyfluoroalkyl substances (PFAS) to the Toxics Release Inventory (TRI) toxic chemical list under Section 313 of the Emergency Planning and Community Right-to-Know Act and Section 6607 of the Pollution Prevention Act. EPA also considered establishing reporting thresholds for PFAS chemicals that are lower than the usual statutory thresholds due to concerns for their environmental persistence and bioaccumulation potential.
In this Advance Notice of Proposed Rulemaking (ANPRM), EPA requested:
- comment on which PFAS should be evaluated for listing, how to list them, and what would be appropriate reporting thresholds given their persistence and bioaccumulation potential; and
- any additional data to inform the Agency’s evaluation and determination of which PFAS may meet the EPCRA Section 313 listing criteria.
EPA intends to carefully review all the comments and information received in response to this ANPRM, as well as previously collected and assembled studies. Should EPA decide to move forward with this action, EPA will publish a proposed rule and seek public comment on the proposal.