The U.S. Environmental Protection Agency (EPA) is proposing to add 16 individually listed per- and polyfluoroalkyl substances (PFAS) and 15 PFAS categories–representing more than 100 individual PFAS— to the Toxics Release Inventory (TRI) list of toxic chemicals subject to reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA). In addition, EPA is proposing to reclassify over 35 previously listed PFAS into these proposed chemical categories, which will impact calculation of reporting thresholds for these reclassified chemicals.
EPCRA Section 313 requires certain facilities that manufacture, process or otherwise use chemicals listed on the TRI in amounts above reporting thresholds to report the environmental releases and other waste management quantities of such chemicals annually. The National Defense Authorization Act (NDAA) for fiscal year 2020 added over 170 PFAS to the list of chemicals required to be reported by the TRI and required additional PFAS to be added on an annual basis. Currently, there are 196 PFAS required to be reported under the TRI. The EPA proposed rule would bring over 100 additional PFAS within the TRI's scope.
For each individually listed PFAS and each PFAS category proposed to be listed, EPA is proposing a reporting threshold of 100 pounds. For PFAS categories, that reporting threshold applies to the aggregate quantity for all PFAS included in the category. In some cases, certain PFAS may fall under multiple TRI chemical categories. If a compound falls under two or more listed chemical categories, "the facility must consider the total amount of the compound manufactured, processed or otherwise used that must be applied to the reporting threshold for each category separately." EPA is seeking comment on whether to implement a different reporting threshold.
EPA also intends "to designate all PFAS listed under this action as chemicals of special concern." In addition to the lower reporting thresholds described above, "[c]hemicals of special concern (i) are also excluded from the de minimis exemption (for both TRI reporting and TRI supplier notification requirements), (ii) may not be reported on Form A (Alternate Threshold Certification Statement), and (iii) have limits on the use of range reporting.
In the proposed rule, EPA also provides clarity and seeks comment on the how PFAS are automatically added to the TRI under the NDAA.
The comment period will remain open for thirty days following the publication of the proposed rule in the Federal Register. EPA's proposed rule can be found here.
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