EPA Proposed Changes to Toxic Chemical Release Reporting Requirements for Per- and Polyfluoroalkyl Substances Under the Emergency Planning and Community Right-to-Know Act

On December 5, 2022, EPA proposed to add to the list of chemicals of special concern per- and polyfluoroalkyl substances (PFAS) subject to toxic chemical release reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA). These PFAS all have a lower reporting threshold of 100 pounds.

The addition of these PFAS to the list of chemicals of special concern will remove the burden-reduction reporting options such as the de minimis exemption, as well as use of range reporting for PFAS. EPA has also proposed to remove the availability of the de minimis exemption for purposes of the Supplier Notification Requirements for all chemicals on the list of chemicals of special concern.

Comments are due by February 3, 2023.

Read the proposed rule and submit comments.

Advocacy contact: Send an email to Tabby Zeb at tayyaba.zeb@sba.gov or call (202) 205-6790.