Changes to Reporting Requirements for Per- and Polyfluoroalkyl Substances and to Supplier Notifications for Chemicals of Special Concern; Community Right-to-Know Toxic Chemical Release Reporting

Protection of human health or safety (TBT); Protection of animal or plant life or health (TBT); Protection of the environment (TBT)

Per- and polyfluoroalkyl substances (PFAS); Environmental protection (ICS code(s): 13.020); Production in the chemical industry (ICS code(s): 71.020); Products of the chemical industry (ICS code(s): 71.100)

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13.020 - Environmental protection; 13.020 - Environmental protection; 71.020 - Production in the chemical industry; 71.020 - Production in the chemical industry; 71.100 - Products of the chemical industry; 71.100 - Products of the chemical industry

The Environmental Protection Agency (EPA) is adding 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). These PFAS already have a lower reporting activity threshold of 100 pounds. The addition of these PFAS to the list of chemicals of special concern means such PFAS are subject to the same reporting requirements as other chemicals of special concern (i.e., it eliminates the use of the de minimis exemption and the option to use Form A and would limit the use of range reporting for PFAS). Removing the availability of these burden-reduction reporting options will result in a more complete picture of the releases and waste management quantities for these PFAS. EPA is removing the availability of thede minimis exemption for purposes of the Supplier Notification Requirements for all chemicals on the list of chemicals of special concern. This will help ensure that purchasers of mixtures and trade name products containing such chemicals are informed of their presence in mixtures and products they purchase to better inform any Toxics Release Inventory (TRI) reporting obligations.This final rule is effective 30 November 2023 and shall apply for the reporting year beginning 1 January 2024 (reports due 1 July 2025).  It and the proposed rule notified as G/TBT/N/USA/1950 are identified by Docket Number EPA-HQ-TRI-2022-0270. The Docket Folder is available on Regulations.gov at https://www.regulations.gov/docket/EPA-HQ-TRI-2022-0270/document and provides access to primary and supporting documents as well as comments received. Documents are also accessible from Regulations.gov by searching the Docket Number. 

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ES:File here

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