EPA: Changes to PFAS Reporting

DE Minimis Exemption

The Environmental Protection Agency (EPA) recently released their final rule adding per-and Polyfluoroalkyl substances (PFAS) or “forever chemicals,” making it 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 Fiscal Year 2020 (NDAA). What this means is:

• PFAS will be subject to Toxic Release Inventory reporting as they are now designated as chemicals of special concern.
• The EPA is eliminating the de minimis exemption and the option to use Form A.
• Eliminating the de minimis exemption under the Supplier Notification Requirements for facilities manufacture or process any chemicals included on the list of chemicals of special concern.
• Limits range reporting for PFAS

It is the EPA’s hope that the increase in data collected for PFAS will help ensure that “purchasers of mixtures and trade name products containing such chemicals are informed of their presence in mixtures and products they purchase.”

It should be noted that this final rule takes effect November 30, 2023, and shall apply to reporting year starting January 1, 2024. For a full look at the final rule and if these actions apply to you or your NAICS manufacturing code, you can click HERE NOW for a look at the final rule in its totality.

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