EPA to change Reporting Requirements for PFAS and Supplier Notifications for Chemicals of Special Concern.

The US Environmental Protection Agency (EPA) has informed the WTO on changes in reporting requirements for per- and polyfluoroalkyl substances (PFAS) and supplier notifications for Chemicals of Special Concern. On 6 December 2022, the WTO released a notification stating: ‘The Environmental Protection Agency (EPA) proposed a rule to add per- and polyfluoroalkyl substances (PFAS) subject to reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA) pursuant to the National Defense Authorization Act for the Fiscal Year 2020 (NDAA) to the list of Lower Thresholds for Chemicals of Special Concern’. The reporting threshold for PFAS is already lower, at 100 pounds. The addition of PFAS to the list of chemicals of special concern will make them subject to the same reporting requirements as other chemicals of special concern. This would eliminate the use of the de minimis exemption and the option to use Form A, and limit the use of range reporting for PFAS. A more complete picture of the discharges and waste management volumes for PFAS will be obtained after eliminating the availability of these burden-reduction reporting options. In addition, the EPA is trying to remove the de minimis exemption from the Supplier Notification Requirements for all the chemicals in the list of special concerns. This step will make it possible to inform consumers who buy mixtures and brand-name items containing such compounds of their presence.