EPA Adds New Category for NPEs to List of Toxic Chemicals Subject to Reporting under EPCRA and PPA

In the June 12, 2018 Federal Register, the Environmental Protection Agency (EPA) issued a final rule adding a new category – nonylphenol ethoxylates (NPEs) – to the list of toxic chemicals subject to reporting under section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) and section 6607 of the Pollution Prevention Act (PPA). The final rule is effective November 30, 2018.

The EPA is adding NPEs, a branch of nonionic surfactants, to the EPCRA section 313 list because it believes NPEs meet the section 313(d)(2)(C) toxicity criteria. As a result of this rule, which the EPA proposed on November 16, 2016, certain facilities must report releases of NPEs that exceed the reporting threshold in order to comply with both EPCRA and the PPA.


Addition of Nonylphenol Ethoxylates Category; Community Right-to-Know Toxic Chemical Release Reporting, 83 Fed. Reg. 27,291 (final rule, June 12, 2018), https://www.federalregister.gov/documents/2018/06/12/2018-12628/addition-of-nonylphenol-ethoxylates-category-community-right-to-know-toxic-chemical-release.