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EPA/OCSPP RIN: 2070-AK51 Publication ID: Fall 2019 
Title: Addition of Certain Per- and Polyfluoroalkyl Substances (PFAS) to the Toxics Release Inventory 
Abstract:

Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) created the Toxics Release Inventory (TRI) Program. The TRI Program is a tool EPA may use to understand the releases of Per- and Polyfluoroalkyl Substances (PFAS) by industrial and federal facilities. This information may be helpful to inform decision-making by communities, government agencies, companies and others. Currently, no PFAS chemicals are included on the list of chemicals required to report to TRI; however, the EPA is considering whether to add certain PFAS chemicals. In considering listing, the EPA will determine whether data and information are available to fulfill the statutory listing criteria and the extent and utility of the data that would be gathered. In addition, in considering if TRI will provide useful information to stakeholders, the EPA also will consider if those PFAS are still active in commerce. The process for listing includes notice-and-comment rulemaking to list PFAS chemicals for reporting prior to adding these chemicals to the TRI for annual reporting.

 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Prerule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Other 
CFR Citation: 40 CFR 372   
Legal Authority: 42 U.S.C. 11023 et seq.   
Legal Deadline:  None

Statement of Need:

This action is identified in the PFAS Action Plan that the EPA Administrator announced on February 14, 2019. The inclusion of PFAS chemicals on the list of chemicals required to report to TRI would provide information that may be helpful to inform decision-making by communities, government agencies, companies and others.

Summary of the Legal Basis:

This action is being developed under the authority of section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA).

Alternatives:

EPA intends to issue an advance notice of proposed rulemaking to solicit initial information and data from the public that will help inform the Agency’s evaluation of whether data and information are available to fulfill the statutory listing criteria and the extent and utility of the data that would be gathered.

Anticipated Costs and Benefits:

An assessment of the incremental impacts of this update will be provided in greater detail in the economic analysis that will accompany the proposal.

Risks:

This rulemaking gathers information to inform decision-making and is not intended to address an identified risk.

Timetable:
Action Date FR Cite
ANPRM  11/00/2019 
NPRM  06/00/2020 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
Sectors Affected: 31311 Fiber, Yarn, and Thread Mills; 314110 Carpet and Rug Mills; 324110 Petroleum Refineries; 325 Chemical Manufacturing; 423220 Home Furnishing Merchant Wholesalers; 561740 Carpet and Upholstery Cleaning Services 
RIN Data Printed in the FR: No 
Agency Contact:
Daniel R. Bushman
Environmental Protection Agency
Office of Chemical Safety and Pollution Prevention
Mail Code 7410 M, 1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone:202 566-0743
Email: bushman.daniel@epa.gov

David Turk
Environmental Protection Agency
Office of Chemical Safety and Pollution Prevention
1200 Pennsylvania Avenue NW, Mail Code 2844T,
Washington, DC 20460
Phone:202 566-1527
Email: turk.david@epa.gov