EPA Proposes Rule To Enhance PFAS Reporting Data

On December 5, 2022, the Environmental Protection Agency (EPA) proposed adding 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 Fiscal Year 2020 (NDAA) to the list of Lower Thresholds for Chemicals of Special Concern (chemicals of special concern).

In announcing the rule, the EPA stated the addition of these PFAS to the list of chemicals of special concern would cause them to be subject to the same reporting requirements as other chemicals of special concern. It would eliminate the use of the de minimis exemption for PFAS. This exemption allows covered facilities to disregard for reporting purposes certain minimal concentrations of reportable persistent bioaccumulative toxic (PBT) chemicals in mixtures or trade-name products.