US EPA proposes additional requirements in the supplier’s notification for PFASs and TRI chemicals of special concern.

On 5 December 2022, the US Environmental Protection Agency (EPA) put forward a proposal of adding 180 Per-and Polyfluoroalkyl Substances (PFAS) to the Toxics Release Inventory (TRI) and expanding the requirements in downstream notifications. The following proposal implies that the same rules will apply to the added 180 chemicals as for the others “chemicals of concern “meaning that the “de minimis” exemption will no longer be valid. It would also create more clarity in the release and waste-management for PFAS. Since the group of PFAS substances is common in small concentrations in many products – the proposal aiming for stricter requirements on PFAS would contribute to a better understanding of the substances presence on the market. Thus, eliminating the “loophole” that exempts industries from disclosing minor releases of PFASs recently added to the reporting scheme.

Moreover, the proposed removal of “de minimis” exemption for all chemicals of concern in the downstream notification will help purchasers of mixtures and trade name products containing such chemicals to be informed of their presence in the products. The current exemption waves the disclosure of PFAS substances list is below 1% of the concentration in mixtures and products.

EPA will accept feedback on the proposal until 3 February 2023.

The Toxics Release Inventory requires facilities to annually report releases of more than 700 substances above certain levels.