by John J. Kowalski, CHMM
On June 22, 2020, the U.S. Environmental Protection Agency (EPA) published a final rule to add 172 per- and polyfluoroalkyl substances (PFAS) 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). This action was required by Section 7321 of the National Defense Authorization Act for Fiscal Year 2020 (NDAA). See our previous article entitled “U.S. Congress Addresses PFAS” for additional information regarding the NDAA.
EPCRA Section 313 requires certain facilities that manufacture, process, or otherwise use listed toxic chemicals in amounts above reporting threshold levels to report their environmental releases and other waste management quantities of such chemicals annually to EPA and the States. These facilities must also report pollution prevention and recycling data for such chemicals under Section 6607 of the PPA. The information submitted by facilities is compiled in the Toxics Release Inventory (TRI).
As required by the NDAA, the 172 PFAS added to the EPCRA Section 313 list will be:
- subject to a manufacture, processing, or otherwise use reporting threshold of 100 pounds; and
- reportable for the 2020 reporting year, for which reports will be due to EPA by July 1, 2021.
You may be affected by this action if you manufacture, process, or otherwise use any of the PFAS listed in the final rule.
Recommended Action Items
- Review the final rule;
- Determine whether you manufacture, process, or otherwise use any of the PFAS listed therein; and
- Continue to watch this space, as we will post additional articles as EPA acts to implement its statutory mandates under the NDAA.
Environmental Protection Agency. “Implementing Statutory Addition of Certain Per- and Polyfluoroalkyl Substances; Toxic Chemical Release Reporting.” Federal Register 85 (22 June 2020): 37354-37364. https://www.govinfo.gov/content/pkg/FR-2020-06-22/pdf/2020-10990.pdf
United States, EPA, PFAS, EPCRA, TRI
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