US | EPA Adds Substances to List of Toxic Chemicals Subject to EPCRA TRI Reporting

In the June 22, 2020 edition of the Federal Register, the Environmental Protection Agency (EPA) added 172 per- and polyfluoroalkyl substances (PFAS) to the list of toxic chemicals subject to reporting requirements for the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA). The purpose of this rule-making action is to comply with the National Defense Authorization Act for Fiscal Year 2020. This rule is effective June 22, 2020.

The National Defense Authorization Act for Fiscal Year 2020 (NDAA) added certain PFAS to the EPCRA Toxic Release Inventory (TRI). Specifically, NDAA identified 14 chemicals by name or Chemical Abstract Service Registry Number and identified additional PFAS or class of PFAS that must be added based on the following criteria:

  1. The chemical is listed as an active chemical substance in the February 2019 update to the inventory; and
  2. On the date of enactment of the NDAA, the chemical was subject to the provisions of 40 CRF 721.9582 “Certain perfluoroalkyl sulfonates” or 40 CFR 721.10536 “Long-chain perfluoroalkyl carboxylate chemical substances.”

Based on the criteria and the chemicals specifically identified in the NDAA, the EPA found 172 chemicals whose identity is not confidential business information (CBI). The EPA is amending the regulatory text of EPCRA TRI to add the 172 PFAS to the toxic chemicals list within EPCRA and set the reporting threshold at 100 pounds.

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Sources:

EPA Final Rule, Implementing Statutory Addition of Certain Per- and Polyfluoroalkyl Substances; Toxic Chemical Release Reporting (June 22, 2020)

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