Changes to TRI Reporting Requirements for Per- and Polyfluoroalkyl Substances and to Supplier Notifications for Chemicals of Special Concern
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Rule Summary
EPA added per- and polyfluoroalkyl substances, or PFAS, subject to reporting under the Emergency Planning and Community Right-to-Know Act and the Pollution Prevention Act pursuant to the National Defense Authorization Act for Fiscal Year 2020 to the list of Lower Thresholds for Chemicals of Special Concern (chemicals of special concern).
These PFAS are subject to the same reporting requirements as other chemicals of special concern. They are no longer eligible for use of the de minimis exemption or the option for facilities to use the reporting Form A, and are also subject to limits on range reporting.
This rule will result in a more complete picture of the releases and waste management quantities for these PFAS.
The rule also makes the de minimis exemption unavailable for purposes of supplier notification requirements to downstream facilities for all chemicals on the list of chemicals of special concern, which also includes certain persistent, bioaccumulative and toxic chemicals like lead, mercury, and dioxins. This change helps ensure that purchasers of mixtures and trade name products containing these 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 will result in a more complete picture of the releases and other waste management quantities for these chemicals.
Rule History
On December 20, 2019, the National Defense Authorization Act was signed into law. Section 7321 of the act immediately added certain PFAS to the list of chemicals covered by Toxic Release Inventory under the Emergency Planning and Community Right-to-Know Act Section 313 and provided a framework for additional PFAS to be added to TRI on an annual basis. In addition, the National Defense Authorization Act established a manufacture, processing, and otherwise use reporting threshold of 100 pounds for each of the listed PFAS.