In the July 18, 2022, edition of the Federal Register, the U.S. Environmental Protection Agency (EPA) issued a final rule updating the list of chemicals subject to toxic chemical release reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA). The final rule updates the regulations to identify five per- and polyfluoroalkyl substances (PFAS) that must be reported pursuant to the National Defense Authorization Act for Fiscal Year 2020 (NDAA). EPA’s announcement states that the NDAA provides the framework for the addition of PFAS to the Toxics Release Inventory (TRI) each year. According to EPA, because this action is being taken to conform regulations to a Congressional legislative mandate, notice and comment rulemaking is unnecessary. This final rule is effective August 17, 2022.
EPA Final Rule, Implementing Statutory Addition of Certain Per- and Polyfluoroalkyl Substances (PFAS) to the Toxics Release Inventory Beginning With Reporting Years 2021 and 2022, 87 FR 42651 (July 18, 2022).