Changes to TRI Reporting Requirements for Per- and Polyfluoroalkyl Substances and to Supplier Notifications for Chemicals of Special Concern
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EPA is proposing to add per- and polyfluoroalkyl substances (PFAS) subject to reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA) pursuant to the National Defense Authorization Act for Fiscal Year 2020 (NDAA) to the list of Lower Thresholds for Chemicals of Special Concern (chemicals of special concern).
The addition of these PFAS to the list of chemicals of special concern would cause such PFAS to be subject to the same reporting requirements as other chemicals of special concern. It would eliminate the use of the de minimis exemption, the option for facilities to use the reporting Form A, and would limit the use of range reporting for PFAS.
Removing the availability of these burden-reduction reporting options would result in a more complete picture of the releases and waste management quantities for these PFAS. In addition, EPA is proposing to remove the availability of the de minimis exemption for purposes of the Supplier Notification Requirements for all chemicals on the list of chemicals of special concern. This change would help ensure that purchasers of mixtures and trade name products containing such chemicals are informed of their presence in mixtures and products they purchase.
Because PFAS are used at low concentrations in many products, the elimination of the de minimis exemption would result in a more complete picture of the releases and other waste management quantities for these chemicals.
View the Federal Register notice.
On December 20, 2019, the NDAA was signed into law. Section 7321 of the NDAA immediately added certain PFAS to the list of chemicals covered by TRI under EPCRA Section 313 and provided a framework for additional PFAS to be added to TRI on an annual basis. In addition, the NDAA established a manufacture, processing, and otherwise use reporting threshold of 100 pounds for each of the listed PFAS.