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EPA Requests Public Input on Adding PFAS Chemicals to the Toxics Release Inventory

The U.S. Environmental Protection Agency (EPA) issued an advance notice of proposed rulemaking (ANPRM) on December 4, 2019, to solicit public input regarding the potential addition of certain per- and polyfluoroalkyl substances (PFAS) to the list of chemicals subject to reporting under Section 313 of the Emergency Planning and Community Right-to-Know Act and Section 6607 of the Pollution Prevention Act (also known as the Toxics Release Inventory (TRI)). This action supports the Agency’s February 2019 PFAS Action Plan, which describes EPA’s long- and short-term actions to address PFAS.

By way of background, EPA’s TRI provides the public with information about the use of certain chemicals by tracking their management and associated activities. U.S. facilities in different industry sectors must report annually how much of each chemical is released to the environment and/or managed through recycling, energy recovery, and treatment. Currently, no PFAS chemicals are included on the TRI list.

Comments are due by February 3, 2020. They will be evaluated along with previously collected and assembled studies, and possibly additional hazard assessments. If EPA decides to move forward with adding certain PFAS chemicals to the TRI, it will publish a proposed rule and seek public comment on the proposal. (More information on this ANPRM is available at regulations.gov.)

© 2020 Keller and Heckman LLPNational Law Review, Volume X, Number 6



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